Nandan Kumar Mehta v. The State Of Bihar

Patna High Court Cr.Misc. No.22273 of 2017 (3) dt.23-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22273 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -AMBA District- AURANGABAD ====================================================== Nandan Kumar Mehta Son of Dasrath Mehta Resident of Village - Saya Parsa, P.S. - Kutumba, District - Aurangabad (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.

The petitioner seeks bail in Amba P.S. Case No. 23/2016, registered for the offences punishable under Sections 393 302 of the Indian Penal Code and section 27 of the Arms Act. The informant alleged that while he along with his cousin brother Mir Hasan going on a motorcycle, three persons on a motorcycle intercepted them and pushed the informant. The informant and Mir Hasan fell down on the ground. The accused persons entered into scuffle with Mir Hasan and tried to snatch his motorcycle, when Mir Hasan objected, one of the accused fired. Mir Hasan died on the spot.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Save and except confession of Bijay

Patna High Court Cr.Misc. No.22273 of 2017 (3) dt.23-06-2017 Kumar Singh @ Kasab, there is no material in the case-diary. In para 42 of the case-diary it is mentioned that in Amba P.S. Case No. 38/2016, one Anil Kumar Mehta confessed his guilt and disclosed the name of the petitioner that he along with the petitioner participated in the crime. The petitioner is in jail since 29.07.2016.

It appears that the police recorded the confessional statement of two accused persons and save and except confession that too before the police, there is no other material against the petitioner.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-VII, Aurangabad in connection with Amba P.S. Case No. 23/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T