Patna High CourtCR. MISC./7245/2024bail granted

Bablu Mehtar v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7245 of 2024 Arising Out of PS. Case No.-397 Year-2022 Thana- BARARI District- Katihar ====================================================== Bablu Mehtar SON OF LATE BADRI MEHTAR RESIDENT OF VILLAGEMOHNA CHANDPUR (BHAWANIPUR), PS- BARARI (SEMAPUR), DIST- KATIHAR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7272 of 2024 Arising Out of PS. Case No.-397 Year-2022 Thana- BARARI District- Katihar ====================================================== RAHUL RAY @ RAHUL KUMAR RAY @ RAHUL ROY @ RAHUL KUMAR ROY Son of Tej Narayan Ray @ Tej Narayan Roy Resident of Village-Mohna Chandpur (Bhawanipur), P.S.-Barari (Semapur), DistrictKatihar. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 7245 of 2024) For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP (In CRIMINAL MISCELLANEOUS No. 7272 of 2024) For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Jagadhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Since both the cases mentioned above are arising out of the same police station, hence, taken together.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

3. The petitioners seek regular bail in connection with

Patna High Court CR. MISC. No.7245 of 2024(2) dt.17-02-2024 2/3 Barari P.S. Case No. 397/2022 lodged on 02.11.2022 under Sections 147, 148, 149, 341, 386, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the FIR has been lodged against five named and 15 unknown accused persons. The role of the accused persons have been described in the FIR. The specific allegation has been made against co-accused Mohan Thakur to have resorted fire on the abdomen of the son of the informant whereas co-accused, Awadhesh Yadav alleged to have fired on the right shoulder of the son of the informant, as a result of which, the son of the informant died.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners of both the cases are not named in the FIR, rather their names are taken by the police out of 15 persons which were unknown in the FIR. There is no specific allegation against the petitioners. The chargesheet has already been submitted. The petitioners are remanded in this case on 22.07.2023 and the petitioners are accused in one more criminal case, in which they have been granted bail.

5. Learned counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.7245 of 2024(2) dt.17-02-2024 3/3

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Katihar, in connection with Barari P.S. Case No. 397/2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T