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Patna High CourtCR. MISC./66626/2023allowed

Futish Mehta @ Futush Mehta v. The State Of Bihar

2023-10-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66626 of 2023 Arising Out of PS. Case No.-193 Year-2018 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

FUTISH MEHTA @ FUTUSH MEHTA S/O- SHILPI MEHTA @ SHILFI MEHTA Village- Budhma Ps- Udakishunganj Dist- Madhepura 2.

Reeta Devi wife of Futish Mehta Village- Budhma Ps- Udakishunganj DistMadhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 34 IPC. 3.

Petitioners are alleged to have assaulted the informant with Dabiya to kill her and threw her at the door. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. Parties are agnates and there is an admitted land dispute between them. It is submitted that though there is allegation upon the petitioners to assault the informant but the injury was

Patna High Court CR. MISC. No.66626 of 2023(2) dt.31-10-2023 2/2 found simple in nature, which is clear from Annexure-2 of the bail petition. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since injury was found simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Udakishunganj P.S. Case No.193 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T