Vishwanath Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18138 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -CHUTIA SAHAYAK District- SASARAM (ROHTAS) ======================================================

1. Vishwanath Mehta Son of late Sahdeo Mehta resident of Village Balyari, tola, Buniyad Bigha, P.S.- Kandi, District- Garwha, Jharkhand. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 The petitioner seeks regular bail in connection with Chutia P.S. Case No. 40 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 386, 427, 504 and 506 Indian Penal Code.

It has been submitted on behalf of the petitioner that though the case is under Section 386 and other Sections of Indian Penal Code, however, it is submitted that petitioner has not been named in the F.I.R, his name has been dragged in this case during the course of investigation only on the basis of suspicion. Petitioner has clean antecedent and has been in judicial custody since 02.12.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case, nature of allegation, period of custody and also petitioner has not criminal antecedent, as such, let the

Patna High Court Cr.Misc. No.18138 of 2017 (2) dt.21-04-2017 2/2 petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Rohtas, Sasaram, in connection with Chutia P.S. Case No. 40 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T