Brahamdeo Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26814 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Brahamdeo Mehta

2. Ganpati Mehta Both Sons of Late Hiro Mehta , Resident of Village Bajraha, Police Station Alam Nagar, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh, Advocate For the Opposite Party/s : Mr. Ajay Kumar-II(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 308 of the Indian Penal Code and later on Sections 302/34 of the Indian Penal Code were added. It is alleged that the informant's brother Md. Manzoor was assaulted by co-accused Sunil Mehta on his head by iron rod, causing bleeding injury and the said Sunil Mehta snatched Rs. 3500/- from the pocket of the brother of the informant.

It is submitted by the learned counsel for the petitioners that petitioners were not named in the First Information Report and the name of the petitioners sprang up

Patna High Court Cr.Misc. No.26814 of 2015 (2) dt.20-07-2015 during investigation on contention of co-accused Md. Zuber coaccused Sunil Mehta has been charge-sheeted but investigation is pending against the petitioners.

Considering the fact that the informant claims to be an eye witness but has not named petitioners in the First Information Report and the petitioners have no criminal antecedent, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Uda-Kishunganj in connection with Alam Nagar P.S. Case No. 04 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

The learned court below shall be at liberty to cancel the bail bonds of the petitioners in case the petitioners default without any reasonable cause on two consecutive occasions.

(Dinesh Kumar Singh, J) P.K./- U T