Naresh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23321 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -TANDWA District- AURANGABAD ====================================================== Naresh Mehta, Son of Sri Sitaram Prasad @ Sitaram Mehta, Resident of Village- Harihar (Urdina Tola) Chitwa Bandh, P.S.- Tandawa DistrictAurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-06-2017 A supplementary affidavit has been filed on behalf of the petitioner. Let it be taken on the record. Heard the learned counsel for the petitioner and the learned Additional P.P. for the State.

The petitioner apprehends his arrest in connection with Tandawa P.S. Case No. 44 of 2016, registered for the offence punishable under Sections 341, 323, 307, 337, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioner is that he along with others has abused and assaulted the informant due to which he sustained injury.

The learned counsel for the petitioner submits that the injuries suffered by the informant are not serious in nature. On the other hand, by way of filing a supplementary affidavit today in the

Patna High Court Cr.Misc. No.23321 of 2017 (2) dt.13-06-2017 2/2 Court, it is further submitted that a counter case has been levied by the wife of the petitioner, wherein it is found that the petitioner and others have received serious injuries.

Having regard to the facts and circumstances of the case, I find that there is a case and counter case and both sides received injuries. However, the injury suffered by the informant does not appear to be serious in nature.

In that view of the matter, I find that the instant case is a fit case for grant of anticipatory bail. Accordingly, in the event of his arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bonds of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VII, Aurangabad (Bihar), in connection with Tandawa P.S. Case No. 44 of 2016, subject to the conditions laid down under Section 438(2) Cr. P. C.

(Mohit Kumar Shah, J) BTiwary/- U T