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Patna High CourtCR. MISC./11934/2016bail granted

Nand Lal Mehta And ANR v. The State Of Bihar

2016-03-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11934 of 2016 Arising Out of PS.Case No. -501 Year- 2015 Thana -K. NAGAR District- PURNIA ======================================================

1. Nand Lal Mehta S/o Baleshwar Mehta

2. Sikandar Mehta S/o Late Ramuchit Mehta Both are residents of Village - Jhunni Istambrar, P.S. - K.Nagar, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioners seek bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Petitioner no. 1 is said to have given iron rod blow causing head injury to deceased and after that petitioner no. 2 and other accused assaulted the deceased by means of lathi as a result of which deceased died.

It is an admitted position that there was land dispute between the parties. Moreover, post mortem report of deceased

Patna High Court Cr.Misc. No.11934 of 2016 (2) dt.17-03-2016 2/2 shows that fracture of skull was found and, therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, the prayer for bail of petitioner no. 1, namely, Nand Lal Mehta stands rejected.

So far as prayer for bail of petitioner no. 2, namely, Sikandar Mehta is concerned, taking into consideration the nature of allegation levelled against him as well as submissions of the parties, let petitioner no. 2, namely, Sikandar Mehta be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Purnea in connection with Sessions Trial No. 66 of 2016 arising out of K. Nagar P.S. Case No. 501 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T