Mahesh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4721 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- SARSI District- Purnia ====================================================== MAHESH MEHTA, S/o Late Chhedi Lal Mehta, Resident of Village- Chhoti Kadarganj, Ward No.-8, P.S.- Sarsi, Distt- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Ranjan Kumar, Adv.

For the Opposite Party/s :

Mr.S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307/34 of the Indian Penal Code and later on Section 302 has been added. Prosecution case, in brief, is that on 15.06.2020 all the accused persons entered into the house of the informant armed with lathi-danda and assaulted the husband of the informant who became unconscious due to previous land dispute between the brothers. The husband of the informant has been taken to hospital for treatment who has been referred to Patna, lastly he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.4721 of 2021(4) dt.19-07-2021 2/2 case. He further submits that the petitioner and the deceased are own brother and there is land dispute between the parties. There is no specific overt act against the petitioner and there is general and omnibus allegation against all accused persons. The petitioner is languishing in judicial custody since 24.06.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The occurrence took place on 15.06.2020 and FIR lodged on 23.06.2020 and there is no explanation regarding such delay.

Learned APP for the State opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Sarsi P.S. Case No. 87/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T