Manoj Kumar Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22321 of 2025 Arising Out of PS. Case No.-322 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== 1.
Manoj Kumar Mehta Son of Late Shyam Nandan Mehta Resident of Village - Sursand, Ward No. 1, P.S.- Sursand, District - Sitamarhi 2.
Chandan Mehta Son of Manoj Kumar Mehta Resident of Village - Sursand, Ward No. 1, P.S.- Sursand, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewanand Tiwari For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sursand Police Station Case No. 322 of 2024, dated 30.06.2024, disclosing offences under Sections 147/341/323/324/379/307/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 30.06.2024, the petitioners, along with 10 to 12 unknown persons, arrived with lathi, danda, tangi, stick, etc. at the house of the informant and started abusing him. On protest, the petitioner no. 1 assaulted the informant by
Patna High Court CR. MISC. No.22321 of 2025(2) dt.05-05-2025 2/3 means of knife on his stomach and when the informant's mother intervened, the petitioner no. 2 assaulted her with tangi on her head. It has further been alleged that the coaccused persons took away Rs. 50,000/- and snatched gold ornaments from the informant and his mother.
4. Learned counsel for the petitioners submits that both the parties are closely related and the petitioner no. 1 is the uncle and petitioner no. 2 is cousin brother of the informant. He next submits that from perusal of the First Information Report it appears that there is previous enmity between the parties. Referring to the impugned order, learned counsel submits that though injuries have been discussed in the impugned order, but it has not been mentioned as grievous in nature.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related and there is previous enmity between them, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four
Patna High Court CR. MISC. No.22321 of 2025(2) dt.05-05-2025 3/3 weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sitamarhi, in connection with Sursand Police Station Case No. 322 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T