Mohit Patel @ Mohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49688 of 2024 Arising Out of PS. Case No.-330 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== MOHIT PATEL @ MOHIT KUMAR SON OF JANARDHAN SINGH Resident of Mohalla - Gawai, Ward no.19, Police Station - Bhabua, District - Kaimur at Bhabua ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Prakash Singh For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bhabua Police Station Case No. 330 of 2024, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 379 of the Indian Penal Code.
3. As per the First Information Report, the mobile of the informant was snatched by co-accused Rohit Patel who called his brother Mohit Patel i.e., petitioner, who arrived along with eight accused persons and all the persons assaulted the informant by lathi, danda, knife etc. on his head. They also snatched Rs. 17,830/- from the informant.
4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.49688 of 2024(2) dt.21-08-2024 2/2 there was scuffle between the informant and the co-accused Rohit Patel on certain issues and the allegation of snatching of mobile phone is false and concocted. In the FIR, eight persons have allegedly assaulted the informant but the injuries caused to the informant are simple in nature by hard and blunt substance.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that allegation against the petitioner is general and omnibus in nature, injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua Police Station Case No. 330 of 2024, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T