Patna High CourtCR. MISC./77777/2023allowed

Sushil Mehta v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77777 of 2023 Arising Out of PS. Case No.-518 Year-2023 Thana- SUPAUL District- Supaul ====================================================== SUSHIL MEHTA S/O LATE GOPAL MEHTA R/O VILLAGE- AMHA WARD NO. 1, P.S- SUPAUL, DISTT.- SUPAUL.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 341, 342, 323, 324, 379, 504, 506, 427 and 307 of the Indian Penal Code.

3. The allegation against the petitioner along with others is that they armed with variously entered into the house of the informant and assaulted him and his brother due to which they sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. No incriminating article

Patna High Court CR. MISC. No.77777 of 2023(2) dt.05-12-2023 2/2 has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 30.11.2023 passed in Cr. Misc. No. 76372 of 2023. He is languishing in judicial custody since 13.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 518 of 2023. (Sunil Kumar Panwar, J) Arish/- U T