Rajendra Mehta @ Rajendra Prasad Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89583 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- KORHA District- Katihar ====================================================== Rajendra Mehta @ Rajendra Prasad Mehta, aged about 63 years (M), S/o Jagdev Prasad Mehta, R/o Village- Sotipur, Maheshkut, P.S.-Korha, DistrictKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kr. Gupta, Advocate Mr. Dhandev Kumar, Advocate Mr. Atul Kumar, Advocate Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Korha PS Case No.189 of 2024 dated 05.07.2024, instituted under Sections 76, 190, 191(2), 191(3), 118(1), 126(2), 303(2), 352 of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioner is that he assaulted the informant on his head by means of iron rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is land dispute between the parties and the petitioner has filed Mutation Appeal before the Deputy Collector Land

Patna High Court CR. MISC. No.89583 of 2024(2) dt.08-01-2025 2/2 Reforms, Katihar, vide Mutation Appeal No.488 of 2020-21 which is still pending for final adjudication. The informant was trying to take possession of the land of the petitioner forcibly due to which occurrence took place. Further submission is that the nature of injury of the informant is simple in nature. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in Korha PS Case No.189 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T