Madhav Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4603 of 2020 Arising Out of PS. Case No.-140 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== MADHAV MEHTA Son of Sri Upendra Mehta Resident of Village - Pranpatti, P.S. - Srinagar, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with K. Nagar (Champanagar) PS case no. 140 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of Indian Penal Code.

The allegation is regarding the son of the informant having gone to attend the marriage ceremony of the son of one Suresh Mehta on 21.04.2019, where, some altercation had taken place in-between the son of the informant and the accused persons including the petitioner herein. It is further alleged that on the next day, when the son of the informant was

Patna High Court CR. MISC. No.4603 of 2020(5) dt.17-09-2020 2/2 returning back, the petitioner had hit on his head by iron rod, resulting in the son of the informant falling down on the ground, whereafter all the accused persons had assaulted him. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner has got no complicity in the alleged crime.

The learned APP for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and perused the materials on record as also gone through the case diary in question, from which it is apparent that there is specific allegation as against the petitioner herein of having assaulted the son of the informant by iron rod on his head resulting in him sustaining grievous injuries. Hence, I do not find the present case to be a fit case for grant of anticipatory bail, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T