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Patna High CourtCR. MISC./79889/2018bail granted

Suraj Mehta @ Surya Narain Mehta And ANR v. The State Of Bihar

2019-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79889 of 2018 Arising Out of PS. Case No.-227 Year-2018 Thana- CHAUSA District- Madhepura ======================================================

1. Suraj Mehta @ Surya Narain Mehta Son of Late Bhola Mehta

2. Sunil Mehta, Son of Late Bhola Mehta Both resident of Village- Bhola Basa, Paina, P.S. Chausa, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard learned counsel for petitioners, informant and the State.

The petitioners seek bail in connection with Chausa P.S. Case No. 227 of 2018 instituted for the offence under Section(s) 302/120-B/34 of the Indian Penal Code and Section 27 of Arms Act.

The allegation in the FIR is that total 13 FIR named accused persons including these petitioner surrounded the brother of the informant, namely Md. Nasrul. It is further alleged that co - accused Bijendra Mehta and Manish Kumar caught hold of him and on the order of co-accused Dharmdeo Singh, co-accused Sunil Singh , Sanjay Singh and Pawan Singh made firing upon the brother of the informant on account of

Patna High Court Cr.Misc. No.79889 of 2018(2) dt.17-01-2019 2/2 which he died on the spot. These petitioners, as per written report, are alleged to be merely present on the place of occurrence with other accused persons.

Learned counsel for the petitioners submits that other co- accused with similar allegation has been granted regular bail by co-ordinate Bench of this Court by order dated 14.12.2018 passed in Cr. Misc. no. 74291 of 2018. Petitioners are in custody since 31.8.2018. Considering the aforesaid, let the petitioners, above named, 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 the learned Sub-Divisional Judicial Magistrate, Uda-Kisunganj (Madhepura) in connection with Chausa P.S. Case No. 227 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) shyambihari/mu keshU T