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Patna High CourtCR. MISC./47559/2016bail granted

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

2016-12-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47559 of 2016 Arising Out of PS.Case No. -139 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Subodh Kumar Mehta @ Subodh Mehta S/o Mahendra Mehta, Resident of Village- Mahmmadganj, P.S. Chhatapur, District- Supaul.

2. Ashok Sharma S/o Kanhai Sharma Resident of Village- Kathi, P.S. Chhatapur, District- Supual.

3. Bito Chaupal @ Ram Bilas Chaupal Son of Nand Kishore Chaupal Resident of Village- Katahi, P.S. Chhatapur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Choudhary For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2016 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Chhatapur P.S. Case No. 139 of 2016 for the offences punishable under sections 147, 341, 323, 353 and 504 of the I.P.C.

Allegedly, when the police personnel reached at village- Kathi the villagers including the petitioners and others started raising voice and caused hindrance in discharging the official duty and further chased the police personnel. Submission is of false implication and that there is no

Patna High Court Cr.Misc. No.47559 of 2016 (2) dt.15-12-2016 2/2 specific allegation and further the allegations are omnibus and vague in nature, no overt-act has been alleged against these petitioners and in this case similarly situated other co-accused, namely, Awadhesh Sardar and others have been allowed pre-arrest bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 42184 of 2016.

The learned A.P.P. fairly submits that other coaccused have been allowed pre-arrest bail. In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. A.C.J.M-II, Supaul in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T