Dablu Mehta @ Dablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57103 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -CHAUSA District- MADHEPURA ======================================================

1. Dablu Mehta @ Dablu Singh S/o late Chhanguri Mehta Resident of Village- Gangapur (Bhorkatbara), Police Station Alamnagar, (Ratwara, )district Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 302 and 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation has been made that the informant along with her husband was there in the field for the purposes of spraying the fertilizer. By the time all persons named in the First Information Report surrounded and resorted to firing whereupon the victim has received injury and died. Learned counsel for the petitioner submits that entire family members have been made accused even deceased father has been made accused who has pre-deceased two months prior to the date of occurrence. He further submits that paragraph 21 of the supplementary case diary indicates the

Patna High Court Cr.Misc. No.57103 of 2015 (3) dt.23-02-2016 criminal antecedent of the victim. He carries large number of criminal cases over his head. There is land dispute with the petitioner and on that account he and his entire family members have been made accused.

Having considered the facts and circumstances of the case, let petitioner, Dablu Mehta @ Dablu Singh , be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Uda Kishunganj, Madhepura in connection with Chousa (Fulout O.P.) P.S. Case No. 26 of 2014, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner. Vinay/- (Shivaji Pandey, J) U T