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Patna High CourtCR. MISC./11131/2015bail granted

Sanjay Mehta @ Sanjay Kumar @ Sanjay Kumar Mehta v. The State Of Bihar

2015-03-13The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11131 of 2015 Arising Out of PS.Case No. -128 Year- 2014 Thana -SHANKARPUR District- MADHEPURA ====================================================== Sanjay Mehta @ Sanjay Kumar @ Sanjay Kumar Mehta, son of Panna Lal Mehta, resident of Village- Kolhua, Police Station Shankarpur, DistrictMadhepura .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Alok Kumar, Adv. Mr. Virendra Kumar, Adv.

Mr. Pranav Kumar, Ad.

For the Opposite Party : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-03-2015 This application is filed with a prayer to grant bail to the petitioner. He is shown as an accused in Shankarpur P.S. Case No.128 of 2014 (GR No.2338 of 2014). The allegation against the petitioner is that himself and six others ploughed the land at Kolhua village and when the informant objected to it, they assaulted him. The petitioner was arrested on 8.2.2015. The petitioner filed B.P. No.95 of 2015 for grant of bail in the court of learned Sessions Judge, Madhepura. The same was dismissed through order dated 23.2.2015. Hence, this application for grant of bail under Sections439 and 440 of Cr.P.C. Heard learned counsel for the petitioner and

Patna High Court Cr.Misc. No.11131 of 2015 (2) dt.13-03-2015 2/2 learned A.P.P. for the State.

Prima facie, this Court finds that the petitioner submitted a complaint at an earlier point of time in relation to the same dispute which was registered as Shankarpur P.S. Case No.127 of 2014, whereas the petitioner was implicated as an accused in a subsequent F.I.R. i.e. Shankarpur P.S. Case No.128 of 2014. Further, the mother of the petitioner is stated to have died. Hence, the application is allowed. The petitioner is directed to be released on bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Asst. Chief Judicial Magistrate, Madhepura in connection with Shankarpur P.S. Case No.128 of 2014 (G.R. No.2338 of 2014). (L. Narasimha Reddy,CJ) K.C.jha/- U T