Shiv Chandra Mehta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48152 of 2016 Arising Out of PS.Case No. -142 Year- 2016 Thana -PIPRA District- SUPAUL ======================================================

1. Shiv Chandra Mehta son of Chua Mehta

2. Deo Chandra Mehta son of Chua Mehta Both resident of VillageJhitkiyahi, P.S.- Pipra, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mrs. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-12-2016 Heard Mr. Mishra for the petitioners and Mrs. Shaheen Begum, APP for the State.

The two petitioners herein pray for grant of anticipatory bail in Pipra P.S. Case No. 142 of 2016 registered under sections 307 & 379 including other allied section of IPC wherein the allegation is that petitioner no.1 tried to put a Gamcha around the neck of the informant whereas petitioner no.2 is said to have assaulted Ramdeo Yadav on his head with Farsa. Learned counsel for the petitioners submits that there is a counter version of the case lodged by co-accused Ramchandra Mehta vide Pipra P.S. Case No. 141 of 2016 registered under section 307 IPC against the present prosecution side. There is no

Patna High Court Cr.Misc. No.48152 of 2016 (2) dt.15-12-2016 2/2 injury around the neck of the informant.

Learned APP, on the other hand, points out that the injured Ramdeo Yadav received injury on the vital part which is assigned to petitioner no.2.

Considering the above, I am not inclined to extend the privilege of anticipatory bail to petitioner no.2 Deo Chandra Mehta. Prayer is rejected.

Let petitioner no.1 Shiv Chandra Mehta, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of ACJM-III, Supaul in Pipra P.S. Case No. 142 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T