Rinkaj Mehta @ Rinkaj Kumar Mehta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 29617 of 2016 Arising out of P.S. Case No. -94 Year- 2015 Thana -CHAUSA District- MADHEPURA ==============================================

1. Rinkaj Mehta @ Rinkaj Kumar Mehta, Son of Vakil Mehta.

2. Vakil Mehta Son of Late Shaini Mehta.

3. Sumit Mehta @ Sumit Kumar Mehta, Son of Chando Mehta All are resident of Village - Fulaut, P.S. Chousa (Fulaut O.P.), Distt. - Madhepura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajendra Prasad, Adv. : Mr. Ram Pravesh Kumar, Adv.

For the Opposite Party/s: Mr. Manoj Kumar, APP. ============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

02. 29.08.2016 Heard parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is contended on behalf of the petitioners that specific allegation of firing causing injury is upon co-accused, Makko Mahto and regarding sixteen other persons, there is general and omnibus allegation that they were also fully armed and present at the place of occurrence. It is also contended that the petitioner no. 2 has earlier lodged an FIR against the Informant and others

Patna High Court Cr.Misc. No.29617 of 2016 (2) dt.29-08-2016 and one of co-accused has filed a complaint case against the complainant, copies of which are appended as Annexure-2. It is further contended that the petitioners are having clean antecedents.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Chousa (Fulaut) P.S. Case No. 94/2015, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. However, at the time of accepting bail bonds, the court below will verify and assure itself regarding the criminal antecedent of the petitioners. If the petitioners are having clean antecedent then their bail bonds would be accepted otherwise they would be taken in custody.

Vikash/- (Dr. Ravi Ranjan, J.) U T