Makko Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22313 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -CHAUSA District- MADHEPURA ======================================================
1. Makko Mehta S/o Shaini Mehta Resident of Vullage Fulout, Police Station Chausa, District Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 06.02.2015 in a case registered for the offences punishable under sections 147, 148, 149, 302, 504 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that 12 accused persons including the petitioner surrounded the husband of the informant, in the meantime, co-accused Buchho Mehta pointed pistol on the head of the informant when the wife of the informant made protest and said that she identifies everyone then co-accused Buchho Mehta, Digambar Mushar, Dablu Mehta and Pintu Mehta resorted to fire on the head, chest, temporal, neck, waist
Patna High Court Cr.Misc. No.22313 of 2015 (2) dt.07-07-2015 2/2 and hand of the husband of the informant, who succumbed to the injuries.
It is submitted by learned counsel for the petitioner that neither the accusation of firing is against the petitioner nor the FIR suggests that the petitioner was armed with any weapon and the investigation has already concluded.
Considering the aforesaid fact, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Udo-Kishanganj (Madhepura) in connection with Chausa (Fulout O.P.) P.S. Case No.26 of 2014.
(Dinesh Kumar Singh, J) Ashwini/- U T