Patna High CourtCR. APP (SJ)/1413/2016allowed

Santosh Mehta v. The State Of Bihar

2017-03-08Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1413 of 2016 Arising Out of PS.Case No. -317 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== SANTOSH MEHTA, SON OF JOGESHWAR MEHTA, RESIDENT OF MOHALLA- BARATPUR, KEWANI TOLA, POLICE STATIONAURANGABAD (TOWN), DISTRICT- AURANGABAD. .... .... APPELLANT/S

VERSUS

THE STATE OF BIHAR. .... .... RESPONDENT/S ====================================================== Appearance:

For the Appellant/s : Mr. Ram Pravesh Nath Tiwari, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-03-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor.

In the background of land dispute, it has been alleged that appellant along with Chotu Mehta and Rahul Mehta (brothers) came, abused and further assaulted with lathi, danda and rod. Hearing hue and cry, Chotu Chaudhary as well as sister-in-law (Bhabhi), wife of informant Sunil Chaudhary came in rescue who were also assaulted. Furthermore, it has also been alleged that appellant Santosh Mehta snatched Jitiya. From the order impugned, it is evident that there happens to be no injury report with regard to injuries over the person of Chotu, sister-in-law (Bhabhi) as well as wife of informant however, informant has sustained lacerated injury over nose as well as at left eyebrow. Appellant happens to be under custody since 30.11.2016.

Accordingly, setting aside the order dated 13.12.2016 passed by Special Judge, SC/ST, Aurangabad in connection with B.P. No.1632/2016 relating to Town P.S. Case No.317/2016, appellant Santosh Mehta is directed to be released on bail on furnishing bail

Patna High Court CR. APP (SJ) No.1413 of 2016 (3) dt.08-03-2017 bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge, SC/ST, Aurangabad in connection with Aurangabad Town P.S. Case No.317/2016.

Appeal is allowed.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T