Umesh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64699 of 2023 Arising Out of PS. Case No.-147 Year-2011 Thana- KISHANPUR District- Supaul ====================================================== Umesh Mehta, S/O Musahru Mehta, Resident Of Village Domhan Ps Nirmali District Supaul ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kishanpur P.S. Case No.147/2011, lodged on 06.10.2011 under Sections 147, 148, 149, 341, 323, 307, 504,of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against 9 named accused persons including the present petitioner with an allegation of assaulting the informant and others with lathi and resorting fire.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has been roped in the present case only being the member of the mob and except the same, no specific allegation has been levelled in the FIR against the petitioner. Apart from

Patna High Court CR. MISC. No.64699 of 2023(3) dt.20-12-2023 2/2 the present case, the petitioner is accused in three more criminal cases, out of three cases, he has been granted bail in two cases. The petitioner is in custody since 21.07.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is not clean as he is accused in altogether four more criminal cases, including the present case, as under :- i. Phulpras P.S. Case No. 184 of 2017.

ii. Birpur P.S. Case No.98 of 2022.

iii. Nirmali P.S. Case No. 58 of 2022.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be released on bail, but only after showing proof to the effect that he has been granted bail in all the pending criminal cases mentioned above, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul, in connection with Kishanpur P.S. Case No.147/2011, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J) Ashwini/- U T