Awadh Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51929 of 2014 Arising Out of PS.Case No. -136 Year- 2014 Thana -MADANPURA District- AURANGABAD ====================================================== Awadh Mehta, Son of Vasudeo Mehta, Resident of Village - Bangre, P.S. - Madanpur, District - Aurangabad.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.
The petitioner Awadh Mehta seeks bail in Madanpur P.S. Case No. 136 of 2014, registered for the offences punishable under Section 307 and some other Sections of the Indian Penal Code, Section 27 of the Arms Act, Section 3/4 of the Explosive Substance Act and Section 17 of the C.L.A. Act. The informant alleged that more than thousand villagers came at the police station and they started pelting stones and also opened fire. The member of the mob also exploded bomb. Learned counsel for the petitioner submits that the petitioner is of course named in the FIR but no specific allegation is made against the petitioner, save and except that he is member of the mob. There is no allegation of firing or explosion of bomb made against the petitioner. Two other accused persons namely
Patna High Court Cr.Misc. No.51929 of 2014 (2) dt.05-01-2015 Dharmendra Paswan and Jaynath Prasad @ Jainath Prasad have already been enlarged on bail.
Learned APP did not dispute the facts.
Having considered the facts aforesaid that the petitioner is named as a member of the mob and no specific allegation is made against him, he above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 136 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T