Birendra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25014 of 2018 Arising Out of PS.Case No. -317 Year- 2017 Thana -KISHUNPUR District- SUPAUL ====================================================== Birendra Mehta, son of Late Bauki Mehta, Resident of Village Sukhasan, P.S. Kishanpur, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends arrest in connection with Kishanpur P.S. Case No.317 of 2017 registered for the offences under Sections 147, 148, 149, 379, 427 and 511 of the Indian Penal Code and Sections 25(1-B)a, 26 of the Arms Act. It is alleged that five F.I.R. named accused persons armed with deadly weapons went to the land of the informant for harvesting the crop. The informant and his villagers chased and apprehended one of the F.I.R. named accused but the accused escaped from the place of occurrence. The learned counsel for the petitioner submits that out of five F.I.R. named accused, two accused, namely, Chandra Shekhar Choudhary and Ashish Chudhary have been allowed anticipatory bail by the court below

Patna High Court Cr.Misc. No.25014 of 2018 (2) dt.26-04-2018 itself. The case of this petitioner stands on similar footing having clean antecedent.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No.317 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Sanjay Kumar, J) Harish/- U