Asharfi Mehta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16670 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -KARJAIN District- SUPAUL ======================================================
1. Asharfi Mehta, Son of Late Munga Lal Mehta,
2. Lakhan Mehta, Son of Subi Mehta, Both resident of village - Bauraha, Ward No. 14, P.S. Karjain, District - Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 The petitioners are apprehending their arrest in connection with P.S. Case No. of 2016, registered for offences punishable under Sections of the Indian Penal Code. The allegation against these petitioners is that they have entered the house of the informant armed with Bhala, Farsa and lathi etc. but they assaulted the informant with fist and slaps and also took away the ornaments of Rs. 21000/- but as a matter of fact, both the petitioners and informant are neighbour and dispute arose with respect to putting a 'Khuta' in front of the house of the informant and there is no allegation against the petitioners of assaulting the informant with the aforesaid arms. Heard learned A.P.P. also.
Having heard both sides and in view of above facts
Patna High Court Cr.Misc. No.16670 of 2017 (2) dt.11-04-2017 2/2 and circumstances, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Birpur, Supaul, in connection with Karjain P.S. Case No. 108 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) Ravi/- U T