Amar Mehta And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71408 of 2018 Arising Out of PS. Case No.-288 Year-2018 Thana- FORBESGANJ District- Araria ======================================================
1. Amar Mehta, Son of Shivanand Mehta.
2. Jai Prakash Mehta @ Prakash Mehta, Son of Shivanand Mehta.
3. Ramji Mehta, Son of Late Devlal Mehta.
4. Randhir Mehta, Son of Ramanand Mehta, All resident of Sukhsaina, P.S. - Simraha, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Jha For the Opposite Party/s :
Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 332, 337, 307, 353, 427 and 120B/34 of the Indian Penal Code.
The petitioners were identified as members of the crowd which had attacked on the police station in protest for demanding arrest of the named accused.
Submission is that co-accused Mukesh Kumar Mehta and others were allowed anticipatory bail by the learned Sessions Judge, Araria himself on 06.07.2018. However, the
Patna High Court Cr.Misc. No.71408 of 2018(3) dt.18-12-2018 2/2 learned 3rd Additional Sessions Judge, Araria refused prayer to the petitioners, though the petitioners were standing on the same footing.
Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Forbesganj (Simraha) Police Station Case No. 288 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/Rajan U T