Lakhan Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69045 of 2022 Arising Out of PS. Case No.-299 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

LAKHAN MEHTA Son of Late Saryug Mehta Resident of village - Madhuwan Ward No.- 04, P.S.- Udakishunganj, Dist.- Madhepura. 2.

Dilip Mehta Son of Late Saryug Mehta Resident of village - Madhuwan Ward No.- 04, P.S.- Udakishunganj, Dist.- Madhepura. 3.

Rupan Mehta Son of Late Kailu Mehta Resident of village - Madhuwan Ward No.- 04, P.S.- Udakishunganj, Dist.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 307, 354(A), 379, 504, 506, 34 of the Indian Penal Code.

The allegation against the petitioners is that he alongwith other accused persons attacked the husband of the informant with an intention to kill him. Co-accused Santosh Kumar assaulted with dabiya causing injury at the head of informant's husband. It is alleged that when the informant came to save her husband, she was also assaulted by the accused persons.

Patna High Court CR. MISC. No.69045 of 2022(2) dt.24-01-2023 2/3 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. He submits that earlier the petitioners have filed a case against the informant and her family members, thereafter the informant has filed the present case against the petitioners. He further submits that the injuries are simple in nature, which is also apparent from annexure-3 of the bail application. Petitioners have one criminal antecedent, which is also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as the injuries are 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

Patna High Court CR. MISC. No.69045 of 2022(2) dt.24-01-2023 3/3 where the case is pending/Successor Court in connection with Udakishunganj P.S. Case No.299 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T