Patna High CourtCR. MISC./73705/2023bail granted

Saroj Mehta v. The State Of Bihar

2024-04-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73705 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- MALI District- Aurangabad ====================================================== Saroj Mehta Son Of Naresh Mehta R/O Vill - Etwan, P.S. - Mali, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mali P.S. Case No. 43 of 2023 dated 07.05.2023 registered for the offences punishable u/ss 341, 323, 337, 338, 307, 504 and 506 read with 34 of the Indian Penal Code and later on Section 302 of the IPC was added on 22.06.2023.

3. As per the prosecution case, the informant's son way buying vegetables from the shop and in the meantime, the petitioner and the co-accused persons came and on the instigation of the co-accused Yogendra Mahta, the co-accused persons assaulted the informant's son with bricks and stones.

Patna High Court CR. MISC. No.73705 of 2023(5) dt.03-04-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is a delay of 5 days in lodging the F.I.R. There is general and omnibus allegation against the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 10.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Mali P.S. Case No. 43 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T