Bambam Mehta @ Vijay Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43475 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- DHAMDAHA District- Purnia ====================================================== BAMBAM MEHTA @ VIJAY KUMAR MEHTA Son of Late Mahabir Mehta Resident of Yogiraj, P.s- Puraini, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Verma, Advocae For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 364 and 34 of the Indian Penal Code and section 302 of the Indian Penal Code was added subsequently.

As per the prosecution case, the son of the informant was having an affair with the daughter of one Ambika Prasad Mehta. It is stated that the informant's son was taken away by Ranjeet Kumar Yadav on his motorcycle to a Chowk in Damgaraha where the accused persons were also present and, thereafter, the informant's son was kidnapped.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner along with one another was rejected vide order dated 20.12.2021 (Annexure-1) giving liberty to the petitioner to renew his prayer for bail after six months

Patna High Court CR. MISC. No.43475 of 2022(3) dt.28-09-2022 2/2 in case there is no substantial progress in the trial. Inspite the petitioner being in custody since 3.2.2021 the trial is still continuing and there is no chance of the same concluding in the near future. On merits, it is submitted by learned counsel for the petitioner that there is delay of three days in lodging of the FIR. It is submitted that the case of the petitioner stands on a similar if not better footing than that of co-accused Subhesh Kumar who has been enlarged on bail vide order dated 22.2.2022 passed in Cr. Misc. no. 46579 of 2021. The petitioner undertakes to cooperate in the trial. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner, the petitioner having remained in custody since 3.2.2021 and grant of bail to coaccused Subhesh Kumar, the petitioner is directed to be enlarged on bail in connection with S.T. no. 199 of 2021 (arising out of Dhamdaha P.S. Case no. 10 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge II, Purnea.

(Partha Sarthy, J) Spd/- U T