Shyamanand Mehra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25047 of 2018 Arising Out of PS.Case No. -164 Year- 2017 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================

1. Shyamanand Mehra, S/o Late Dhaturi Mehra,

2. Sunil Mehra @ Sunil Kumar S/o Ramanand Mehra, Both R/o Vill.- Budhma, Ward No. 01, P.S.- Uda-Kishunganj, District- Madhepura

3. Shivan Mehra, son of Late Sukhdeo Mehra, resident of village Sukhasani, P.S. Uda-Kishunganj, District Madhepura .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Ram Priya Saran Singh For the Informant : Mr. Manish Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Submission of learned counsel for the petitioners is that petitioner No.3 Shivan Mehra has been arrested during the pendency of this application.

This application with respect to petitioner No.3 is dismissed.

Heard learned counsel for the petitioners No. 1 and 2. Petitioners apprehend their arrest in connection with Uda-Kishunganj P.S.Case No. 164 of 2017 registered for the offences punishable under Sections 447, 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

Allegation against petitioner No.1 is of assault to the

Patna High Court Cr.Misc. No.25047 of 2018 (4) dt.24-07-2018 2/3 informant.

Submission of learned counsel for the petitioners is that the main allegation is against Ramanand Mehra of assault to the informant by 'Mungra' and thereafter petitioner No.1 assaulted the informant. So far petitioner No.2 is concerned, there is no allegation of assault against him.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner No.2, named above, surrender within a period of six weeks from the receipt of this order and on his so surrendering he shall be released on bail 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 SubDivisional Judicial Magistrate, Uda-Kishunganj, Madhepura, in connection with Uda-Kishunganj P.S.Case No. 164 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

So far petitioner No.1 is concerned, in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to him. He should surrender and make prayer for regular bail.

Patna High Court Cr.Misc. No.25047 of 2018 (4) dt.24-07-2018 3/3 With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U