Amrendra Mehta And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17689 of 2016 Arising Out of PS.Case No. -86 Year- 2014 Thana -COMPLAINT CASE District- SUPAUL ======================================================
1. Amrendra Mehta son of Late Hiralal Mehta
2. Ramesh Mehta son of Late Hiralal Mehta
3. Bindeshwari Mehta son of Late Hiralal Mehta
4. Manbharan Mehta son of Domi Mehta
5. Domi Mehta son of Late Chintu Mehta. All residents of VillageBrahmpur, P.S. Birpur, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sheikh Habibulla son of Late Hazi Alim Mandal resident of VillageKoyali, PS.- Birpur, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Complaint Case No. 86 of 2014 filed for offences punishable under Sections 420, 323, 504 and other allied sections of the Indian Penal Code. The allegation made by the complainant against the petitioners is that the petitioners along with one another person in collusion with Halka Karamchari mutated the land in question in their name along with one Hiralal Mehta. Learned A.C.J.M., Birpur has taken
Patna High Court Cr.Misc. No.17689 of 2016 (3) dt.03-05-2016 2/3 cognizance against these petitioners and one another on 15.05.2015.
It has been submitted by the learned counsel for the petitioners that the matter relates to execution of saledeed fraudulently for which a complaint case has been filed by petitioner no.5, Domi Mehta against the complainant and others, bearing Complaint Case No. 237 of 2013 regarding the same land, which is a civil dispute between the complainant and the petitioners' side. It has further been submitted that petitioners have falsely been implicated and there is a long drawn dispute between them.
However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur, Supaul in connection with Complaint
Patna High Court Cr.Misc. No.17689 of 2016 (3) dt.03-05-2016 3/3 Case No. 86 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.
However, it is made clear that petitioner nos.1, 2 and 3, namely, Amrendra Mehta, Ramesh Mehta and Bindeshwari Mehta are involved in a number of cases, as such, in future, if they are found to have indulged in similar nature of offence, learned court below will be at liberty to cancel their bail bonds without being prejudiced by this order.
(Nilu Agrawal, J.) Arjun/- U T