Tuntun Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37826 of 2022 Arising Out of PS. Case No.-161 Year-2016 Thana- RANIGANJ District- Araria ====================================================== TUNTUN MEHTA Son of Bhagwat Mehta Resident of village- Bistoriya, P.s.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 147/ 148/ 149/ 342/ 353/ 120(B) IPC. Allegedly, the F.I.R. named accused persons including the petitioner has assaulted the members of police party by lathi, danda and applied criminal force to deter the police personnels in discharging their official duty.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.37826 of 2022(2) dt.29-09-2022 2/2 omnibus in nature. At best, petitioner can be said to be a member of the mob. Petitioner has no criminal antecedent and several similarly situated co-accused persons namely Sandeep Mehta @ Sandip Mehta and Tirthanand Mehta have been enlarged on anticipatory bail by co-ordinate Benches of this court vide order dated 13.02.2020 passed in Cr. Misc. No.86541 of 2019 and order dated 29.02.2020 passed in Cr. Misc. No.8380 of 2020 respectively.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Raniganj P.S. Case No.161/2016 (G.R. No.2085/2016), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T