High Court Patna High Court - Orders

Mantu Yadav @ Mantu Kumar &Amp; Anr vs State Of Bihar on 8 October, 2010

Patna High Court – Orders
Mantu Yadav @ Mantu Kumar &Amp; Anr vs State Of Bihar on 8 October, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.34569 of 2010
                1. MANTU YADAV @ MANTU KUMAR son of Mohar Yadav
                   @ Bhikhari Yadav, resident of village-
                   Sarebagh, P.S.Sono District-Jammui
                2. Prem Kumar Bhuian @ Mangal son of Late Kaila
                   Bhuian resident of village-Bansi, P.S.
                   Partappur, District-Chatra (Jharkhand)
                              Versus
                          STATE OF BIHAR
                           -----------

3 08.10.2010 Heard learned counsel appearing on behalf of

the petitioners and the learned counsel appearing

on behalf of the State.

Petitioners are in custody in connection with

Surajgarha (Kajra) P.S. Case No.58 of 2007

(S.T.No.595 of 2009) for the offence punishable

under Sections 302, 379 and 304 of the Indian Penal

Code and 27 of the Arms Act and 3/4 of Explosive

Substance Act and section 17 of the C.L.A.

Substance of allegation as set out in the

F.I.R. is that in the night of 26/27.2.2007 a large

number of terrorists attacked the police picket

with fire arms etc. and as a result four police

personnels were left in dead conditions and several

injured. The terrorists also looted the firearms.

The F.I.R. was instituted against 500 to 600

unknown terrorists. The name of the petitioner has

transpired during the course of investigation on

the basis of a statement made by a co-accused
-2-

Pankaj Ram.

Learned counsel for the petitioner submits

that the said Pankaj Ram has since been granted

bail by a Bench of this Court in Cr.Misc. No. 20420

of 2008 vide order passed on 19.9.2008 (Annexure-2)

and that some similarly situated accused persons

who also had been named by the said Pankaj Ram have

been granted bail in Cr.Misc. No. 8095 of 2009 and

Cr.Misc.No.6666 of 2009 vide order passed on

30.7.2009 (Annexure-2/1).

Learned counsel submits that the case of the

petitioner stands on same or similar footing.

Taking into consideration the circumstances

and considering the submissions of the learned

counsel, let the petitioners namely, Mantu Yadav @

Mantu Kumar and Prem Kumar Bhuian @ Mangal be

released on bail upon each of them individually

furnishing bail bonds of Rs.10,000/- (ten thousand)

with two sureties of the like amount each to the

satisfaction of the Additional District Judge,

F.T.C.Vth, Lakhisarai in connection with Surajgarha

(Kajra) P.S. Case No.58 of 2007 (S.T.No.595 of

2009).

Bibhash                                                (Jyoti Saran, J.)