Allowed

Manoj Mehta v. the State of Bihar

Patna HC20 Jul 2022CR. MISC./19974/2022

Case brief

AI extract

What is this about?

In an oral order, the Patna High Court granted bail to the petitioner in connection with offences of voluntary assembly, assault, and attempt to murder. Bail was allowed subject to conditions regarding cooperation in trial and non-tampering with evidence.

What did the court decide?

Petitioner released on bail of Rs. 10,000 with two sureties after framing of charge subject to conditions.

Manoj Mehta Vs the State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19974 of 2022

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Arising Out of PS. Case No.-62 Year-2021 Thana- RISIYAP District- Aurangabad

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======================================================

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MANOJ MEHTA S/o Ramlagan Mehta Resident of Village- Sadsi Bigha, P.S.- Risiup, District- Aurangabad (Bihar)

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Leelawati Kumari For the Opposite Party/s : Mr.Dinesh Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 20-07-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Risiup P.S. Case No. 62 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 448 of the Indian Penal Code.

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As per prosecution case, there is accusation against the petitioner to assault Rinki Devi by means of Garasa as a result of which she sustained injury on head.

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Learned counsel for the petitioner submits that petitioner is in custody since 22.11.2021. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in

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Patna High Court CR. MISC. No.19974 of 2022(3) dt.20-07-2022 2/3

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the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner and informant are co-villagers and there is a case and counter case between both the parties. There is no allegation of second blow on the head of the victim, Rinki Devi, who has sustained injury.

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The learned A.P.P. for the State and counsel of informant vehemently oppose the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner, nature of allegation charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Risiup P.S. Case No. 62 of 2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

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Patna High Court CR. MISC. No.19974 of 2022(3) dt.20-07-2022 3/3

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the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will

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remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkr/-

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U T

Manoj Mehta v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Manoj Mehta v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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