Chunchun Mehta @ Chunnu Mehta vs The State Of Bihar on 29 April, 2025

Patna High Court – Orders

Chunchun Mehta @ Chunnu Mehta vs The State Of Bihar on 29 April, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5168 of 2023
                   Arising Out of PS. Case No.-275 Year-2022 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 CHUNCHUN MEHTA @ CHUNNU MEHTA SON OF SURENDRA
                 MEHTA @ BADUL MEHTA @ SULO MEHTA RESIDENT OF VILLAGE -
                 MADHATPUR BASA, WARD NO.13, P.S. - ALAMNAGAR, DISTRICT -
                 MADHEPURA

                                                                                ... ... Appellant/s
                                                      Versus
                 THE STATE OF BIHAR

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Jitendra Kumar Giri, Advocate
                 For the Respondent/s    :       Mrs. Usha Kumari 1, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   29-04-2025

Heard Mr. Jitendra Kumar Giri, learned counsel for

the appellant as well as Mrs. Usha Kumari 1 learned Spl.P.P. for

the State.

2. Learned Spl.PP has informed this Court that she has

informed the informant about the present case.

3. This is an appeal under Sections 14(A)(2) against

refusal of the prayer for anticipatory bail by order dated

15.09.2023 passed by the learned Court of Additional District &

Sessions Judge-I-cum-Special Judge, Madhepura in connection

with Alamnagar P.S. Case No. 275 of 2022, F.I.R. dated

06.11.2022 registered under Sections 147, 148, 149, 341, 342,

323, 307, 224, 225, 354B, 332, 353, 333, 504, 506 of the Indian

Penal Code and Sections 3(1)(r)(s)/3(2va) of the Scheduled
Patna High Court CR. APP (SJ) No.5168 of 2023(3) dt.29-04-2025
2/4

Castes and Scheduled Tribes Act.

4. According to the prosecution case, the informant

alleged that when he along with his police team went to arrest

one accused, namely, Vinay Kumar, the appellant including 200-

250 unknown persons attacked the police team and abused the

informant by taking his caste name.

5. Learned counsel for the appellant submits that

appellant has clean antecedent and he has falsely been

implicated in the present case. The allegation as alleged in the

FIR is false and fabricated and the appellant has not committed

any offence as alleged in the FIR. From bare perusal of the FIR

it transpires that there is no specific allegation of assault or overt

act or use of abusive language rather the allegation levelled

against the accused persons including the appellant is general

and omnibus and apart from that injury report of the injured

persons suggest that injury is simple in nature cause by hard and

blunt substance.

6. Learned Special Public Prosecutor for the State has

vehemently opposed the prayer for bail of the appellant.

7. After hearing the parties, in my view for the

purpose of this anticipatory bail, no offence under the provisions

of Scheduled Castes and Scheduled Tribes Act is made out.
Patna High Court CR. APP (SJ) No.5168 of 2023(3) dt.29-04-2025
3/4

8. Considering the aforesaid facts and circumstances,

appellant has clean antecedent and there is no specific allegation

against the appellant, let the appellant, above named, in the

event of his arrest to 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 bond of Rs.

10,000/- (Ten thousand) with two surities of the like amount

each to the satisfaction of learned Court of Additional District &

Sessions Judge-I-cum-Special Judge, Madhepura in connection

with Alamnagar P.S. Case No. 275 of 2022, subject to the

conditions as laid down under Section 438(2) of the Code of

Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

Suraksha Sanhita, 2023 and with other following conditions:-

i. Appellant shall co-operate in the trial and shall be

properly represented on each and every date fixed by the court

and shall remain physically present as directed by the court and

on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

ii. If the appellant tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to

move for cancellation of bail.

iii. And further condition that the court below shall
Patna High Court CR. APP (SJ) No.5168 of 2023(3) dt.29-04-2025
4/4

verify the criminal antecedent of the appellant and in case at

any stage it is found that the appellant has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the appellant. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

9. Accordingly, the impugned order is set aside and

this appeal stands allowed.

(Rajesh Kumar Verma, J)
Suruchi/-

U      T