Ajay Mehta v. The State Of Bihar

Patna High Court Cr.Misc. No.49079 of 2016 (7) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49079 of 2016 Arising Out of PS.Case No. -246 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Ajay Mehta son of Kamleshwari Mehta resident of Village- Sirsiya, Police Station- Forbesganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Mashrakh P.S. Case No. 17 of 2016 registered under Sections323/ 307/ 498A/ 34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is not named in the first information report. He has been implicated in this case on the statement of co-villager Subodh Sah. There is no eye witness to the alleged occurrence. Petitioner has been implicated in this case merely on conjectures and surmises.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that there is specific allegation

Patna High Court Cr.Misc. No.49079 of 2016 (7) dt.05-07-2017 of cutting the neck of the deceased against this petitioner. There are materials to suggest active involvement of this petitioner. as such, he does not deserve to be granted bail. Considering the facts and circumstances of the case, the submissions advanced on behalf of the parties and the nature of allegations levelled against this petitioner, I do not feel inclined to grant the privilege of bail to the petitioner. His prayer for bail is, therefore, rejected.

(Arvind Srivastava, J) Manish/- U T