Raju Kumar Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41998 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- KUTUMBA DistrictAurangabad ====================================================== RAJU KUMAR MEHTA, aged about 52 years, male, Son of Butai Mehta Resident of Village-Sandi, P.O-Matpa, P.S-Kutumba, District-Aurangabad (Bihar).
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Birendra Kumar Singh, Advocate.
For the Opposite Party:
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 323, 337, 338, 307, 504, 506, 153(A) of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Kutumba P.S. Case No. 160 of 2018.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of communal dispute and in any event no injuries has been sustained by anyone. The F.I.R. has been instituted against as many as 16 named persons and 200 unknown persons. No specific overt act has been attributed to the petitioners. Several similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 16477 of 2019. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from
Patna High Court CR. MISC. No.41998 of 2019(2) dt.10-07-2019 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 160 of 2018, subject to the conditions as laid down under Section 438
(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T