Bisel Mehta @ Vijel Mehta @ Bijel ... vs The State Of Bihar
2021 Latest Caselaw 1998 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.759 of 2021
  Arising Out of PS. Case No.-251 Year-2018 Thana- BARHARA KOTHI District- Purnia
======================================================

BISEL MEHTA @ VIJEL MEHTA @ BIJEL MEHTA, S/O GANESHI MEHTA, R/O RAJGANJ, P.S. - BIHARIGANJ, DISTRICT - MADHEPURA.

... ... Appellant/s Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 785 of 2021 Arising Out of PS. Case No.-251 Year-2018 Thana- BARHARA KOTHI District- Purnia ====================================================== CHANO MEHTA @ GAJENDRA MEHTA, SON OF GANESH MEHTA, RESIDENT OF VILLAGE - RAJGANJ, P.S. - BIHARIGANJ, DIST - MADHEPURA.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL APPEAL (SJ) No. 759 of 2021) For the Appellant/s : Dr. Bidhu Ranjan, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P.. (In CRIMINAL APPEAL (SJ) No. 785 of 2021) For the Appellant/s : Dr. Bidhu Ranjan, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 03-05-2021

These matters have been taken up through virtual

Court proceeding.

Heard learned counsel for the parties.

These appeals are under Section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST

Act") against the refusal of prayer for regular bail vide order Patna High Court CR. APP (SJ) No.759 of 2021 dt.03-05-2021

dated 16.10.2020 passed by the learned 1st Additional Sessions

Judge-cum-Special Judge, S.C./S.T. Act, Purnea in connection

with Special SC/ST Case No. 118 of 2019 arising out of Barhara

P.S. Case No. 251 of 2018 registered under Sections 147, 148,

149, 341, 323, 326, 307, 379, 427, 504, 506, 302 of the Indian

Penal Code, Section 27 of the Arms Act as well as Sections 3(2)

(V) of the SC/ST Act.

For land dispute, there is general and omnibus

allegation against eight accused persons named in the FIR

including the appellants of firing causing injury which resulted

in subsequent death.

Submission is that allegation is not specific and the

co-accused bearing identical allegation, namely, Jhakas Mehta

has already been allowed bail by a Coordinate Bench of this

Court vide order dated 27.11.2020 passed in Cr. Appeal (SJ) No.

1784 of 2020 (Annexure-2). Appellant Chano Mehta @

Gajendra Mehta is in custody since 13.09.2020. Appellants have

got no criminal antecedent. Investigation of the case against the

appellants is already complete.

Considering the entire facts aforesaid, let the

appellants, above named, be released on bail on furnishing bail

bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two Patna High Court CR. APP (SJ) No.759 of 2021 dt.03-05-2021

sureties of the like amount each to the satisfaction of learned

Court below where the case is pending in connection with the

aforesaid case, subject to the following conditions:-

(a) The appellants shall fully cooperate with the

investigation/trial of the case, failing which the learned court

below shall be at liberty to cancel the bail bond of the

appellants.

(b) Both the bailors shall be resident of territorial

jurisdiction of the learned court below.

(c) The appellants shall not leave the country without

permission of the learned trial court.

Accordingly, the impugned orders are set aside and

these appeals stand allowed.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR                N.A.
CAV DATE                N.A.
Uploading Date          05.05.2021
Transmission Date       05.05.2021