Janardan Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40729 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -KARJAIN District- SUPAUL ======================================================

1. Janardan Mehta S/o late Ganga Nand Mehta Resident of VillageMansapur, P.S +P.O. Karjain, District Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Parmeshwar Mehta For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Karjain P.S. Case No. 68 of 2016, disclosing offences under Sections 341, 323, 447, 379, 384 and 504/34 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner, has submitted that it is evident from the First Information Report that there is a land dispute between the informant and the persons named in the F.I.R. He has also submitted that there is no specific allegation against this petitioner and the allegation is general and omnibus. According to him, all other co-accused persons have been granted anticipatory bail by the court below,

Patna High Court Cr.Misc. No.40729 of 2016 (2) dt.22-09-2016 2/3 considering the nature of allegation made in the F.I.R., but the petitioner has not been given the same privilege on the ground that he has criminal history.

Referring to statement made in paragraph no. 3 of the application, leaned counsel for the petitioner has submitted that the petitioner has been implicated in five more cases in which he is on bail. He has also submitted that his implication in such cases is because of some local dispute.

Considering the nature of allegation in the First Information Report, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Birpur, District-Supaul, in connection with Karjain P.S. Case No. 68 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court Cr.Misc. No.40729 of 2016 (2) dt.22-09-2016 3/3 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ajaypd./- U T