Parmeshwar Mehta And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8261 of 2019 Arising Out of PS. Case No.-137 Year-2018 Thana- SARSI District- Purnia ======================================================
1. Parmeshwar Mehta, aged about 29 years(M), Son of Rajendra Mehta
2. Rajesh Mehta, aged about 37 years(M), Son of Late Rameshwar Mehta
3. Vidyanand Mehta, aged about 52 years(M), Son of Late Bhagwan Mehta
4. Santosh Mehta, aged about 34 years(M), Son of Ramchandra Mehta
5. Raj Kumar Mehta, aged about 41 years(M), Son of Ram Prasad Mehta
6. Bindeshwari Mehta, aged about 62 years (M), Son of Late Rameshwar Mehta
7. Bir Bahadur Mehta @ Ram Bahadur Mehta, aged about 50 years (M),Son of Late Rameshwar Mehta
8. Ram Bilas Mehta @ Bilash Mehta, about 47 years (M), Son of Sri Narayan Mehta
9. Ranjeet Mehta, aged about 40 years (M), Son of Pavitra Mehta
10. Baidh Nath @ Biajnath Mehta @ Baidya Nath Mehta, aged about 50 years (M), Son of Narayan Mehta
11. Mithilesh Mehta @ Mithilesh Kumar, aged about 44 years(M), Son of Sukdeo Mehta
12. Ram Kishore Mehta @ Chandra Kishor Mehta @ Chankishor Mehta @ Nand Kishor Mehta, aged about 52 years (M), Son of Ram Jeevan Mehta
13. Uday Kumar Mehta @ Uday Prasad Mehta @ Uday Prasad Ranjan, aged about 49 years (M), Son of Ram Charitra Mehta
14. Dilip Mehta @ Dilip Kumar Mehta, aged about 27 years(M), Son of Rajendra Mehta All resident of village- Masuriya, P.S.- Sarsi, 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. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 323, 435, 447, 504 and 506 of the IPC and Section 27 of the Arms Act. The prosecution case, as per the written report of Bablu
Patna High Court Cr.Misc. No.8261 of 2019(2) dt.13-02-2019 2/3 Hembram submitted to the Station House Officer, Sarsi Police Station, is to the effect that on 15.10.2018 in the morning, when the informant was ploughing his field then about 42 FIR named and 105 unknown persons came variously armed and they fired about 50-60 rounds. It is further alleged that the informant sustained fire arm injury and they also burnt fire woods of the informant's village.
It is submitted by learned counsel for the petitioners that since the land appertaining to Khata No.666, Plot No.94, area 85 dec. belongs to Bindeshwari Mehta, petitioner no.6, but the informant by some illegal means tried to capture the land for which Bindeshwari Mehta lodged Sarsi P.S. Case No.137 of 2018 against the informant and the others. It is further submitted that the accusation is omnibus and general and is against the mob. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR.
Considering the accusation against the mob and the impugned order does not suggest any injury to the informant, coupled with the statement made in paragraph no.3 of the
Patna High Court Cr.Misc. No.8261 of 2019(2) dt.13-02-2019 3/3 petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Purnea in connection with Sarsi P.S. Case No.137 of 2018 subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T