Anil Kumar Mehta @ Anil Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57406 of 2023 Arising Out of PS. Case No.-231 Year-2020 Thana- BABUBARHI District- Madhubani ====================================================== 1.
ANIL KUMAR MEHTA @ ANIL MEHTA S/O LAL BABU MEHTA R/O VILLAGE- KULAHARIYA, PS. BABUBARHI, DIST. MADHUBANI 2.
RAJA KUMAR MEHTA @ RAJA MEHTA S/O ANIL MEHTA @ ANIL KUMAR MEHTA R/O VILLAGE- KULAHARIYA, PS. BABUBARHI, DIST. MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Babubarhi P.S. Case No.231 of 2020 for the offences punishable under Sections 341, 323, 324, 307, 379, and 504/34 of the Indian Penal Code.
3. Petitioner no.1 is said to have assaulted one Manoj by means of lathi, whereas petitioner no.2 assaulted the informant on his head.
4. The petitioners are quite innocent and have been falsely implicated in this case due to previous grudge. It is further submitted that the prosecution story is false, concocted,
Patna High Court CR. MISC. No.57406 of 2023(5) dt.18-01-2024 2/2 absurd, improbably and fabricated. Both the parties are agnates and due to land dispute the present case has been lodged. The allegations levelled against the petitioners is general and omnibus in nature. The petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the injury sustained by the victim is grievous in nature, hence they do not deserve anticipatory bail.
6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T