Sheo Kumar Mehta @ Shiv Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15339 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- JADIA District- Supaul ====================================================== Sheo Kumar Mehta @ Shiv Kumar Mehta Son of Basudeo Mehta Resident of Village - Piluwaha, Ward no.5, P.s.- Jadia, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jadia P.S. Case No. 143 of 2021 lodged under Sections 395, 397, 120(B) of the Indian Penal Code but subsequently Section 396 of the Indian Penal Code has also been added. Learned counsel for the petitioner submits that in the F.I.R. name of petitioner was inserted on the basis of suspicion. He further submits that informant's husband and the petitioner is cousin and long pending civil disputes are going on between them. He also submits that petitioner is in custody since 11.07.2021, chargesheet has already been filed in this case and

Patna High Court CR. MISC. No.15339 of 2022(3) dt.03-08-2022 2/3 petitioner having clean antecedent.

Learned counsel for the State opposes the prayer for bail and submits that bail may be rejected on the ground that charge has been framed and evidence has started. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VIIth, Supaul in connection with Jadia P.S. Case No. 143 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.15339 of 2022(3) dt.03-08-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T