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Patna High CourtCR. MISC./7478/2017allowed

Dilip Mehta @ Dilip Kumar Mehta @ Deepka Mehta @ Deepak Kumar Mehta v. The State Of Bihar

2017-05-16Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.7478 of 2017 (4) dt.16-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7478 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -BHAPATIYAHI District- SUPAUL ====================================================== Dilip Mehta @ Dilip Kumar Mehta @ Deepka Mehta @ Deepak Kumar Mehta .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 20.10.2016 in connection with Bhaptiyahi P.S. Case No. 11 of 2016 registered under Sections 147, 149, 302 and 504 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the parties happen to be agnates and there is admitted land dispute between them. In fact, the petitioner, who is of clean antecedent, happens to be driver of the alleged tractor and account of an accident, the deceased died. Therefore, no case under Section 302 I.P.C. is made out against the petitioner. Charges have already been framed in this case. Moreover, the wife of the petitioner has also lodged case against the deceased, which is evident from annexure-2. The petitioner is rotting in custody for the last six months.

Considering the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.7478 of 2017 (4) dt.16-05-2017 the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul in connection with Bhaptiyahi P.S. Case No. 11 of 2016. (Arvind Srivastava, J) brajesh/- U T