Anil Kumar Mehta And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48683 of 2017 Arising Out of PS.Case No. -432 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Anil Kumar Mehta, S/o Late Yogendra Mehta, R/o Loharbagali, Musallahpur, P.S.- Kadam Kuan, District- Patna.
2. Uttam Kumar Mehta @ Uttam Kumar, S/o Late Beni Mahto, R/o Musallahpur Hat, Tikiya Toli, P.S.- Sultanganj, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Keshav Mehta (Hat Malik), S/o Late Ramlakhan Mahto, R/o Musallahpur Rampur Nahar Road, Sai Chauk, P.S.- Sultanganj, DistrictPatna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary, APP ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Complaint Case No. 432 of 2016, disclosing offences under Sections 420, 406, 323, 379, 504, 506 and 120-B of the Indian Penal Code.
Learned counsel for the petitioners has submitted that it is evident from the contents of the
Patna High Court Cr.Misc. No.48683 of 2017 (2) dt.10-11-2017 2/3 complaint case that there was some civil dispute between the parties, leading to registration of the First Information Report. He submits that recently the parties have resolved their disputes, as is evident from an order passed by the learned District & Sessions Judge, Patna, dated 25.08.2017. He has submitted that in view of the compromise, entered among the parties, other co-accused persons have been granted anticipatory bail by the court below. The petitioners' application for anticipatory bail was rejected by the court below by an order, dated 17.07.2017, before the parties had entered into said compromise.
Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna, in connection with Complaint Case No. 432 (C) of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required
Patna High Court Cr.Misc. No.48683 of 2017 (2) dt.10-11-2017 3/3 and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T