Chhatri Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43138 of 2018 Arising Out of PS. Case No.-150 Year-2017 Thana- SALKHUA District- Saharsa ====================================================== Chhatri Mehta, Son of Late Baldev Mehta, Resident of Village- Thariya, P.S.- Salkhua (OP Banma Itahari) & District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 09.08.2017 in connection with Salkhua P.S. Case No. 150 of 2017 registered under Sections 147, 148, 149, 341, 342, 302, 120B, 504 and 506 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that though main allegation of firing is against others, so far as petitioner is concerned the only allegation is that he stated that the work has been done. It has further been submitted that though all other co-accused persons have since been extended the privilege of bail vide Annexures 3 and 4, the petitioner is languishing in jail. Considering the aforementioned facts and circumstances and that the petitioner has got no criminal antecedent, let the petitioner, named above, be released on bail

Patna High Court Cr.Misc. No.43138 of 2018(2) dt.31-07-2018 2/2 on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Salkhua P.S. Case No. 150 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, II, Saharsa, on the following conditions.

(1) One of the bailors will be his own blood relative, preferably mother, brother, sister of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Shamshad/- U T