Anand Mehta @ Anand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4683 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- TANDWA District- Aurangabad ====================================================== Anand Mehta @ Anand Prasad Son Of Shankar Mehta Resident Of VillageBudhan Bigha, P.S.-Tandwa, District-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.K. Sahi :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Rakesh Singh :

Meena Singh :

Saket Kumar Singh :

Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2021 Heard learned senior counsel P.K. Sahi assisted by learned counsel Mr. Sanjay Kumar for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Tandwa P.S. Case No. 30/20 registered for the offence punishable under Sections 341, 323, 325, 504, 506, 307, 302, 120 B, 34 of the Indian Penal Code. As per the prosecution case, allegation against the petitioner is that due to an ongoing land dispute petitioner in association with other co-accused persons have assaulted father, mother and brother of the informant. It is alleged that petitioner Anand Mehta gave an iron

Patna High Court CR. MISC. No.4683 of 2021(5) dt.16-08-2021 2/2 rod blow on the head of informant's father as a result of which he died.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that similary situated co-accused persons have already been granted bail. He further submits that there is case and counter case between the parties and petitioner's side also filed an F.I.R. against the informant and two persons got seriously injured on the petitioner's side due to the aforesaid scuffle. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 11.05.2020.

Learned APP for the State vehemently opposing the bail petition submitted that there is a specific overt act against the petitioner and petitioner gave iron rod blow on the head of the informant's father due to which he died.

In the facts and circusmtances of the case I am not inclined to grant privilge of bail to the petitioner in connection with Tandwa P.S. Case No. 30/20 to the satisfaction of learned C.J.M., Aurangabad. (Anjani Kumar Sharan, J) GAURAV S./- U T