Raj Kumar Mehta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6410 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -BHARGAWAN District- ARRARIA ======================================================
1. Raj Kumar Mehta
2. Guddu Kumar @ Ranvijay Mehta @ Guddu @ Ranvijay Both S/o late Bhola Mehta village - Charaiya East, P.S. - Bhargama, District - Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. The prosecution case is that the informant was in his Litchi orchard, when the accused persons came variously armed surrounded the informant, an alarm being raised the son of the informant Manish Kumar Mehta came to rescue, then petitioner no. 1 Raj Kumar Mehta caused injury on his head by means of farsha. In the meantime, on the order of co-accused Sarita Devi, petitioner no. 2 Guddu Kumar @ Ranvijay Mehta @
Patna High Court Cr.Misc. No.6410 of 2016 (2) dt.11-02-2016 Guddu @ Ranvijay gave repeated blow on the head of the informant by sealed bottle. Co-accused Sarita Devi assaulted with iron rod.
It is submitted by the learned counsel for the petitioners that for a petty dispute, accusation has been levelled. There is counter version of the occurrence also. Petitioner no. 2 was not sent up for trial, but differing with the Final Form cognizance has been taken.
Considering the fact that petitioner no. 1 has been charge-sheeted, let the learned court below consider the prayer for regular bail of petitioner no. 1 namely Raj Kumar Mehta, if he surrenders before the learned court below within a period of six weeks from today in connection with Bhargama P.S. Case No. 94 of 2015, pending in the court of learned Additional Chief Judicial Magistrate, Araria.
So far as petitioner no. 2 is concerned, he has not been sent up for trial, let the above named petitioner no.2 namely Guddu Kumar @ Ranvijay Mehta @ Guddu @ Ranvijai be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 94 of 2015, subject to
Patna High Court Cr.Misc. No.6410 of 2016 (2) dt.11-02-2016 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T