Pawan Kumar Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2129 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Pawan Kumar Mehta Son of Late Ram Sumiran Mehta Resident of Village - Bela Baiju, P.S. Patahi, District - East Champaran, Motihari. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Devendra Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 The appellant seeks pre arrest bail in connection with Patahi P.S. Case No. 38 of 2017, registered for offences punishable under Sections 147, 148, 149, 323, 307, 379, 504 and 506 of the Indian Penal Code and Section 3/4 of Witch Prohibition Act and Section 3(i)(x) of SC/ST (POA) Act.
It has been submitted on behalf of the appellant that from perusal of entire F.I.R, it will appear that no case under the above mentioned sections of Indian Penal Code as well as SC/ST Act is made out against the appellant and only general and omnibus allegation has been made against him.
Learned Sepcial P.P. could not controvert the above submission.
Having heard both sides, considering the facts and
Patna High Court CR. APP (SJ) No.2129 of 2017 (2) dt.26-07-2017 2/3 circumstances of the case, nature of allegation, this appeal is allowed and impugned order is set aside, let the appellant above named, in the event of his arrest or surrender before the court below within a period of four 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 1st Additional Sessions Judge-cum- Special Judge, SC/ST (POA) Act, East Champaran, Motihari, in connection with Patahi P.S. Case No. 38 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition that:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellant shall cooperate in the investigation and make himself 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
Patna High Court CR. APP (SJ) No.2129 of 2017 (2) dt.26-07-2017 3/3 prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T