Akhilesh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5752 of 2023 Arising Out of PS. Case No.-647 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

AKHILESH MEHTA Son of Late Surendra Mehta Resident of Village - Dumaria, Thana - K. Nagar, District - Purnia (Bihar) 2.

Reena Devi Wife of Akhilesh Mehta Resident of Village - Dumaria, Thana - K. Nagar, District - Purnia (Bihar) 3.

Shankar Mehta @ Shiv Shankar Kumar Son of Akhilesh Mehta Resident of Village - Dumaria, Thana - K. Nagar, District - Purnia (Bihar) 4.

Uday Mehta @ Uday Kumar Mehta Son of Akhilesh Mehta Resident of Village - Dumaria, Thana - K. Nagar, District - Purnia (Bihar) 5.

Vinay Mehta @ Vinay Kumar Son of Akhilesh Mehta Resident of Village - Dumaria, Thana - K. Nagar, District - Purnia (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307 and 504/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons came at the house of the informant and started assaulting the informant by means of lathi-danda and farsa due to which

Patna High Court CR. MISC. No.5752 of 2023(2) dt.10-04-2023 2/3 informant sustained bleeding injury on his head and also sustained fracture injury on his waist.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that petitioners and the informant are own brothers. He further submits that there is admitted land dispute between the parties which is clear from the FIR itself. He further submits that the injuries were found simple in nature except the one which was found grievous in nature. He submits that petitioners have got one criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners no.

1, 2, 4 & 5, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with K. Nagar P.S. Case No.

Patna High Court CR. MISC. No.5752 of 2023(2) dt.10-04-2023 3/3 Section 438 (2) of the Cr.P.C.

Insofar as petitioner no.3 is concerned, I am not inclined to enlarge the petitioner no.3 on bail in connection with K. Nagar P.S. Case No. 647/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T