Suresh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19177 of 2017 Arising Out of PS.Case No. -67 Year- 2015 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Suresh Mehta, S/o Shiv Mehta, Resident of Village- Jagdishpur, P.S.- Alamnagar, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in custody since 02.10.2016 in a case registered for the offences alleged under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code. The prosecution case is that due to dispute of landed property between the family members and the petitioner, the petitioner along with his accomplice inflicted Axe lathi and danda blow on his father on account of which he got seriously injured. It has been submitted by the learned counsel for the petitioner that the petitioner is the son of the informant and has no criminal history. He further submits that charge sheet has already been submitted, hence, there is no chance of tampering with the

Patna High Court Cr.Misc. No.19177 of 2017 (4) dt.22-06-2017 2/2 prosecution evidence. It is further submitted that injury caused on the informant is not on the vital part and injury No. 6, which has been found to be grievous in nature and fracture of leg. However, learned A.P.P. for the State opposes the prayer for bail as the informant is the father of the petitioner who has beaten his father seriously.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udaskishunganj at Madhepura in connection with Alamganj P.S.Case No. 67 of 2015, subject to the condition that the petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Sudha/- U T