Balwant Mehta @ Balwant Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55307 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- MALI District- Aurangabad ====================================================== BALWANT MEHTA @ BALWANT KUMAR MEHTA SON OF JITENDRA MEHTA VILLAGE PARSA BAIGAN BIGHA, PS- MALI, DISTAURANGABAD, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rupa Kumari, Adv.

Mr. Yugal Kishore, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mali P.S. Case No. 43 of 2023 dated 7.5.2023 registered for the offences punishable u/s 341, 323, 337, 338, 307, 504, 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's son was buying vegetables from the shop and in the meantime, the petitioner and the co-accused persons came and on the instigation of the co-accused Yogendra Mahta, the co-accused persons assaulted the informant's son with bricks and stones.

Patna High Court CR. MISC. No.55307 of 2023(2) dt.31-08-2023 2/2 The informant's son sustained injuries and was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.7.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad, Bihar in connection with Mali P.S. Case No. 43 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T