Ramchandra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41120 of 2020 Arising Out of PS. Case No.-253 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== Ramchandra Mehta S/o Garkan Mehta R/o Village- Tengraha, Ward No. 10, P.S- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kishanpur P.S. Case no. 253 of 2020 registered under sections 308, 323, 341, 379, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, the accused petitioner is stated to have given a khanti blow on the head of Bisheshwar Kumar causing injury.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted. He has filed a supplementary affidavit bringing on record the injury report of the injured Bisheshwar Kumar from which it would transpire that the injuries has been opined to be simple in

Patna High Court CR. MISC. No.41120 of 2020(2) dt.16-03-2021 2/2 nature. The petitioner has no criminal antecedent and is in custody since 29.8.2020. Further, referring to the order of the learned Court below it is submitted that in the facts of the case, the learned Court below had granted liberty to the petitioner to renew his prayer for bail after completing six months in custody. The application for bail is opposed by learned APP for the State. .

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner being in custody since 29.8.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kishanpur P.S. Case no. 253 of 2020 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 Chief Judicial Magistrate, Supaul.

(Partha Sarthy, J) Prakash/- U