Chhotelal Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16226 of 2025 Arising Out of PS. Case No.-519 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Chhotelal Mehta Son of Late Gholat Mehta Resident of Village- Samda, P.S.- Saur Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma For the Opposite Party/s :

Mr. Pranav Kumar, APP For the Informant :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Saur Bazar P.S. Case No. 519 of 2024 registered for the offence under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 103(1), 352, 3(5) of the Bharatiya Nyaya Sanhita.

3. According to the case of prosecution, it is alleged that the present applicant along with co-accused persons were entered into the house of the informant. It is further alleged that they were assaulted the informant as well as his sons namely Suraj Kumar and Chandan Kumar due to that they sustained injuries. Subsequently, Chandan Kumar died due to injuries on

Patna High Court CR. MISC. No.16226 of 2025(3) dt.13-05-2025 2/3 the basis of information given by the informant, the offence has been registered.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case. In this case, the age of the petitioner is 77 years suffering from various diseases. Further he submits that final form has already been filed by the prosecution in favour of the present petitioner. Lastly, he submits that the statement of the material witness Suraj Kumar has not been recorded by the prosecution yet, therefore, on these grounds, it is prayed that the petitioner may be granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner. However, he fairly admits that in the instant case, final form has been submitted in support of the petitioner.

6. Heard.

7. Perused the case diary and other materials available on record.

8. Considering the submissions made by the counsel for the petitioner and particularly considering the fact that final form has been filed by the prosecution itself in favour of the

Patna High Court CR. MISC. No.16226 of 2025(3) dt.13-05-2025 3/3 petitioner, I am of the view that it is a case where the petitioner should be granted benefit of bail.

9. Accordingly, the application is allowed.

10. The petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.- II, Saharsa in connection with Saur Bazar P.S. Case No. 519 of 2024.

(Arvind Singh Chandel , J) shailendra/- U T