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Patna High CourtCR. MISC./30647/2019allowed

Akhilesh Mehta v. The State Of Bihar

2019-07-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30647 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Akhilesh Mehta, aged about 36 years (Male), Son of Late Mahadeo Mehta, Resident of Village - Mohimdih, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341/ 323/ 307/ 354A/ 379/ 504/34 of the Indian Penal Code.

The submission is that the petitioner is of assaulting to the son of the informant with farsa on his head. In case diary doctor has not found any sharp cut injury on his head rather he opined that such injury may be caused by hard and blunt object. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.02.2019. The petitioner has clean antecedent and he is quite innocent and has not committed any offence. He has been falsely implicated in the present case due to land dispute between the informant and accused person.

Patna High Court CR. MISC. No.30647 of 2019(4) dt.04-07-2019 2/2 Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bihariganj P.S. Case No. 187/2018 to the satisfaction of the learned Judicial Magistrate-1st Class, UdaKishunganj, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) amitkumar/- U T