Shankar Mehta @ Tikiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47757 of 2022 Arising Out of PS. Case No.-21 Year-2020 Thana- KORHA District- Katihar ====================================================== SHANKAR MEHTA @ TIKIYA Son of Late Baidya Nand Mahto Resident of village - Harda - Bazar, P.S.- K. Hat, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Sections-353, 307, 420, 344 of the Indian Penal Code and Sections-25(1-b), 26, 27, 35 of the Arms Act. Allegedly, on the tip off, the police reached near Petrol pump and tried to apprehend the petitioner in connection with another case and in consequence thereof, the petitioner is said to have fired upon the police party.

It has been submitted that there is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.47757 of 2022(2) dt.20-12-2022 2/2 petitioner is in custody since 29-08-2020. Charge sheet has already been submitted in this case. The petitioner has remained in custody for more than two years. From perusal of the FIR, it appears that none is said to have been injured in course of the occurrence by the petitioner. Hence, no offence under Section307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, 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 Additional Sessions Judge-III, Katihar in connection with Kodha P.S. Case No. 21 of 2020.

(Sudhir Singh, J) A.K.V.//- U T