Mukesh Mehta @ Mukesh Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14731 of 2022 Arising Out of PS. Case No.-253 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== MUKESH MEHTA @ MUKESH KUMAR MEHTA Son of Ramchandra Mehta Resident of Village - Tengraha, Ward No.10, P.s.- Kishanpur, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 308, 379, 504, 506/34 of the Indian Penal Code.

Allegedly, tractor of the informant was standing in front of the house of the petitioner where construction of road was going on. The petitioners along with other co-accused persons

Patna High Court CR. MISC. No.14731 of 2022(2) dt.10-08-2022 2/3 told the informant to remove the tractor and started abusing and on the intervention, all the accused persons including the present petitioner assaulted the driver of the said tractor by means of several weapons and snatched mobile and gold chain from him on gun point.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He further submits that after investigation the police has submitted final form and Court below differing with the final form took cognizance against the petitioners. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties

Patna High Court CR. MISC. No.14731 of 2022(2) dt.10-08-2022 3/3 of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Kishanpur P.S. Case No.253 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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