Umesh Kumar Mehta @ Umesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26680 of 2018 Arising Out of PS. Case No.-184 Year-2017 Thana- PHULPARAS District- Madhubani ====================================================== Umesh Kumar Mehta @ Umesh Kumar Mahto Son of MusaharuMehta, Resident of Village-Dumuhan (Dighiya), P.S.-Nirmali, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate :

Miss Nitu Kumar No. 7, Advocate For the Opposite Party/s :

Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Phulparas P.S. Case No. 184 of 2017 registered for the offence punishable under Sections 399, 402, 413, 414 of the Indian Penal Code and 25 (1-b) A/26/ 35 of Arms Act. Informant is the police officer, who in his written report has stated that he received a confidential information that 10-12 miscreants had assembled in a school to commit some grave crime and on receiving such information, he alongwith other police personnel surrounded the school building. On 08.07.2017 at about 11.15 PM on seeing the police party the miscreants assembled there fled away, however two of them Md. Ismile and Md. Rahmatullah were arrested after chase, one country made pistol, mobile and stolen motorcycles were recovered and seized by the police and they disclosed the

Patna High Court Cr.Misc. No.26680 of 2018(4) dt.21-08-2018 2/2 names of other criminals who manage to flee on seeing the police which included the name of petitioner also. It has been submitted on behalf of the petitioner that he has been remanded in this case on 30.10.2017 and except the name of petitioner being disclosed by the coaccused nothing was recovered from possession of petitioner. It has been further submitted that apprehended co-accused, who was arrested on spot namely Md. Rahmatullah @ Md. Rahamtula has already been granted bail by this Hon'ble Court vide order dated 20.02.2018 passed in Cr. Misc. No. 10004 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- IInd, Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No. 184 of 2017.

(S. Kumar, J) veena/- U