Patna High CourtCR. MISC./11595/2024bail granted

Chhotu Mehtar v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11595 of 2024 Arising Out of PS. Case No.-272 Year-2021 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Chhotu Mehtar S/o- Jodhan Mehtar Village- Chunapur Ps- K. Nagar DistPurnea 2.

Achhaya Mehtar son of Chotu Mehtar Village- Chunapur Ps- K. Nagar DistPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with K. Nagar P.S. Case No. 272 of 2021 instituted for the offences under Sections 341, 448, 323, 324, 307, 379, 354, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the allegation against both the petitioners is of assaulting the Informant, his wife and father by means of sticks, iron rods, Dabiya due to previous land dispute.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.11595 of 2024(2) dt.23-02-2024 2/3 the petitioners are innocent and have falsely been implicated in the present case. He further submits that both the parties are neighbors to each other and a land dispute is going on between them and due to previous enmity and land dispute, the petitioners have been falsely implicated in this case. He further submits that no case under Section 307 I.P.C. is made out against the petitioners. The injury caused are simple in nature. The petitioners have no criminal antecedent as has been stated in paragraph no.3 of the present bail application and the petitioners are languishing in judicial custody since 04.11.2023. Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioners as also the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.11595 of 2024(2) dt.23-02-2024 3/3 satisfaction of Court below/concerned Court in connection with K. Nagar P.S. Case No. 272 of 2021.

(Rudra Prakash Mishra, J) rishi/- U T