Shivpujan Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24441 of 2022 Arising Out of PS. Case No.-227 Year-2021 Thana- OBRA District- Aurangabad ====================================================== SHIVPUJAN MEHTA S/o Ramrup Mehta Resident of Village- Deokali, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and 201 read with 34 of the Indian Penal Code.

As per the prosecution case, the informant has confidence that the petitioner and co-accused person committed murder of the informant's husband Krishna Kumar and threw his dead body in the Punpun river. Previously Chotan Shukla had assaulted Krishna Kumar and threaten to kill.

Patna High Court CR. MISC. No.24441 of 2022(3) dt.20-09-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The learned counsel further submitted that the petitioner is the business partner of the deceased and amount of loan was deposited by the petitioner. The petitioner is accused in one more case. He further submitted that the informant came to know that the petitioner was taking her husband on a motorcycle on 13.09.2021. But the informant did not state the name of person who told the said fact. There is no eye witness. The petitioner is also accused in one more case as stated in para 3 of the bail petition. The petitioner is in custody since 29.12.2021. Learned A.P.P.

for the State has vehemently opposed the bail petition of the petitioner by submitting that as per call details, the petitioner was talking with the deceased on his phone. It has further been submitted that the petitioner in his confessional statement has stated that he was involved in the crime alleged.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.24441 of 2022(3) dt.20-09-2022 3/3 satisfaction of learned Court concerned, Daudnagar (Aurangabad) in connection with Obra P.S. Case No. 227 of 2021, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T