Kapil Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60044 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.
KAPIL MEHTA Son of Bandhu Mehta Resident of Village - Jogiya, P.S.- Barun, District- Aurangabad 2.
Amit Kumar @ Amit Kumar sIngh Son of Ramanand Singh Resident of Village - Jogiya, P.S.- Barun, District- Aurangabad 3.
Ravi Kumar Mehta Son of Dilkeshwar Mehta Resident of Village - Jogiya, P.S.- Barun, District- Aurangabad 4.
Rohit Kumar Mehta Son of Dinesh Mehta Resident of Village - Jogiya, P.S.- Barun, District- Aurangabad 5.
Saroj Mehta Son of Doman Mehta Resident of Village - Jogiya, P.S.- Barun, District- Aurangabad 6.
Shiv Kumar Mehta @ Sheo Kumar Mehta @ Shiv Kumar Son of Vashishat Mehta Resident of Village - Jogiya, P.S.- Barun, District- Aurangabad 7.
Nagendra Kumar Son of Gaya Mehta Resident of Village - Jogiya, P.S.- Barun, District- Aurangabad 8.
Bhola Kumar Son of Binay Mehta Resident of Village - Jogiya, P.S.- Barun, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Leelawati Kumari For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Barun P.S. Case No. 127 of 2019, disclosing the offence under Section 147, 149, 341, 323, 324, 307, 379 of the Indian Penal Code.
There is allegation against the petitioners of having
Patna High Court CR. MISC. No.60044 of 2019(3) dt.20-11-2019 2/3 entered into the shop of the informant's elder brother, assaulted him and taken away sum of Rs.32,800/-. On the same day it appears that another F.I.R was registered bearing Barun P.S. Case No. 126 of 2019 disclosing commission of offence punishable under Sections 147, 148, 149, 323, 153, 153(A), 295 (A), 379 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners has submitted that the injuries has been found to be simple which submission has not been controverted by the learned Additional Public Prosecutor appearing for the State. She has contended that it was in the wake of the allegation of certain acts intended to outrage the religious feelings leading to an occurrence. The present F.I.R has been registered. She submits that the petitioners shall present themselves before the police and Court, as and when required, if they are allowed privilege of anticipatory bail.
Considering the above, this application is allowed. Let the petitioners above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs,10,000/- (ten thousand), each with two sureties of the like amount, each to the satisfaction of learned C.J.M. Aurangabad, in Barun P.S. Case
Patna High Court CR. MISC. No.60044 of 2019(3) dt.20-11-2019 3/3 No. 127 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is the subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) T.Kr./- U T