Kapil Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45493 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.

KAPIL MEHTA Son of Bandhu Mehta Resident of Village-Jogiya, P.SBarun, District-Aurangabad. 2.

Amit Kumar @ Amit Kumar Singh Son of Ramanand Singh Resident of Village-Jogiya, P.S-Barun, District-Aurangabad. 3.

Ravi Kumar Mehta Son of Dilkeshwar Mehta Resident of Village-Jogiya, P.S-Barun, District-Aurangabad.

4.

Rohit Kumar Mehta Son of Dinesh Mehta Resident of Village-Jogiya, P.SBarun, District-Aurangabad. 5.

Saroj Mehta Son of Doman Mehta Resident of Village-Jogiya, P.S-Barun, District-Aurangabad.

6.

Shiv Kumar Mehta @ Sheo Kumar Mehta Son of Vashishat Mehta Resident of Village-Jogiya, P.S-Barun, District-Aurangabad. 7.

Nagendra Kumar Son of Gaya Mehta Resident of Village-Jogiya, P.S-Barun, District-Aurangabad.

8.

Bhola Kumar Son of Binay Mehta Resident of Village-Jogiya, P.S-Barun, District-Aurangabad.

9.

Dharmendra Mehta Son of Ram Vilash Mehta Resident of Village-Jogiya, P.S-Barun, District-Aurangabad.

10.

Suraj Kumar Son of Satyendra Mehta Resident of Village-Laltainganj, P.S.- Madanpur, District-Aurangabad. At present village Jogiya, P.S.-Barun, District-Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr.Leelawati Kumari For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 153, 153(A)/295(A), 323, 341,307, 353, 337, 427, 504 IPC registered in connection with Barun P.S. Case No.

Patna High Court CR. MISC. No.45493 of 2019(2) dt.23-07-2019 2/2 128/2019.

3. It is submitted that the petitioners have been falsely implicated and the FIR is against as many as 30 named and 30 unknown accused persons. The petitioners merely happened to be in the vicinity and the accusations are general and omnibus in nature without any specific accusation attributed to the petitioners individually. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Aurangabad, in connection with Barun P.S. Case No. 128/2019, 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 petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners 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, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T