Shambhu Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66074 of 2022 Arising Out of PS. Case No.-102 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== SHAMBHU MEHTA Son of Mahendra Mehta R/V- Madadpur Basa @ Madanpur Basa @ Madhatpur Basa Jagdishpur, P.S- Alam Nagar, DistMadhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s :
Mrs. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 384, 504 & 506/34 of the Indian Penal Code and Section 27 of the Arms Act. This is the second attempt of the petitioner to move before this Court for grant of bail. Earlier vide detailed order dated 01.09.2021 passed in Cr. Misc. No.20078 of 2021, the prayer for bail of the petitioner was rejected with an observation to renew his prayer for bail after framing of charge. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. It is
Patna High Court CR. MISC. No.66074 of 2022(2) dt.30-11-2022 2/3 further submitted that charge has been framed on 25.04.2022. The petitioner has been languishing in custody since 03.02.2020.
Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Alam Nagar P.S. Case No.102 of 2019,subject to the following conditions :
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation,
Patna High Court CR. MISC. No.66074 of 2022(2) dt.30-11-2022 3/3 if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(5) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) Trivedi/- U T