Manoj Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13548 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== MANOJ MEHTA S/o Bhagbat Mehta Resident of Village- Parsa, P.S.- Kishanpur, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-07-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 364, 302, 34 of the Indian Penal Code.

The prosecution story in brief is that the informant alleged that my son was accused in a case and he went away to Punjab. On 12.10.2019 when he returned back, the accused person came and forcibly ride in a Safari van and kidnapped my son and thereafter kill him. Several persons have seen the said occurrence.

Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case only on

Patna High Court CR. MISC. No.13548 of 2020(8) dt.02-07-2020 2/2 suspicion. He submits that deceased was a criminal minded person and he killed several persons and the independent witnesses namely Vishwanath Mehta also stated that on the alleged day neither the deceased was seen nor any vehicle was come in this village as stated in para-56 of the case diary. He submits that petitioner is only one earning member of the family and he is in custody since 22.11.2019.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail, therefore, the bail application of the petitioner is rejected in connection with Kishanpur Police Station Case No. 237 of 2019 pending before the court of the learned Chief Judicial Magistrate, Supaul.

Accordingly, this application is dismissed. However, petitioner is at liberty to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) devendra/- U T