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Patna High CourtCR. MISC./79169/2023allowed

Abhinab Mehta @ Abhinav Anand v. The State Of Bihar

2023-12-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79169 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== 1.

Abhinab Mehta @ Abhinav Anand S/O Ajay Mehta Village- Chandrahi, Ps. Damdaha, Dist. Purnea 2.

Sikandar Mehta S/O Bhalavir Mehta Village- Chandrahi, Ps. Damdaha, Dist. Purnea 3.

Gaurav Kumar @ Manish Kumar @ Gourav S/O Sanjay Mehta @ Buddhan Mehta Village- Chandrahi, Ps. Damdaha, Dist. Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 307, 504, 506 of the Indian Penal Code.

3. The allegation against the petitioners is that the petitioners assaulted the informant's side by means of several weapons due to which they sustained injuries. It is also alleged that a golden chain was also snatched from the brother of the informant.

Patna High Court CR. MISC. No.79169 of 2023(2) dt.12-12-2023 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioners. He further submits that there is specific allegation against co-accused, Rudranarayan Mehta and Sanjay Mehta, who assaulted brother of the informant and injury was found grievous in nature. Similarly situated co-accused, Rupesh Kumar, has been enlarged on bail by this Court vide order dated 05.12.2023 passed in Cr. Misc. No. 76784 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, 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 lower Court where the case is

Patna High Court CR. MISC. No.79169 of 2023(2) dt.12-12-2023 3/3 pending/successor Court in connection with Dhamdaha P.S. Case No.143 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T