Chhotan Mehra @ Avinash Kumar @ Chhotan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26354 of 2025 Arising Out of PS. Case No.-470 Year-2024 Thana- MANER District- Patna ====================================================== 1.

Chhotan Mehra @ Avinash Kumar @ Chhotan S/O Late Bhikhari @ Santosh Mehra @ Vinod Prasad R/O- Narhi @ Larhi, P.S - Chandi, District - Bhojpur.

2.

Tuntun Mehra @ Vinod Kumar @ Tuntun S/O Rama Mehra 3.

Rama Mehra S/O Late Brahmdeo Mehra 4.

Baban Mehra @ Ram Ayodhya Mehra S/O Rama Mehra 5.

Mahendra Mehra @ Mahendra Kumar S/O Tuntun Mehra @ Vinod Kumar @ Tuntun 6.

Niraja Mehra @ Niraj Kumar S/O Baban Kumar @ Ram Ayodhya Mehra Petitioner Nos.2 to 4 are R/O Village- Maner, Newati Mohalla, P.S- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-07-2025 Heard Mr.Ghanshyam Tiwary, learned counsel for the petitioners and Mr.Satya Nand Shukla, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Maner P.S.Case No.470 of 2024, FIR dated 18.07.2024 registered for the offences punishable under Sections 126(2),115(2),109,303(2),351(2),352,3(5)of the B.N.S.

3. Allegation against the petitioners is that they assaulted to the informant and his brother due to which both

2/4 were injured.

4. Learned counsel for the petitioners submits that the petitioners have clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. Although the petitioners are named in the FIR and there is direct and specific allegation against petitioner No.1, namely, Chhotan Mehra @ Avinash Kumar @ Chhhotan that he assaulted to the informant by means of finger fighter and other petitioners, namely, Niraja Mehra @ Niraj Kumar and Rama Mehra have also assaulted him. Learned counsel for the petitioners submits that although the informant has received the injury but from a bare perusal of the injury report of the informant which suggests that the Doctor has not opined whether the injury is grievous or simple in nature and apart from that, there is specific allegation against petitioner No.5, namely, Mahendra Mehra @ Mahendra Kumar that he assaulted to the informant by means of knife but the injury report does not support the allegation as alleged in the FIR.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts, petitioners have

3/4 clean antecedent and injury inflicted upon the injured person is not supported by the case of the prosecution, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Danapur, Patna in connection with Maner P.S.Case No.

470 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS,2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their

4/4 criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T