Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2478 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Shravan Kumar, Son of Ramesh Kumar Ray, R/V- Lawapur, P.S- Mahnar Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Soni Shrivastava, Advocate Mr. Gaurav Singh, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

As per F.I.R., it is alleged that on 11.05.2022 at about 12:30 at night, while informant and his family members were returning home from Ramleela program, they went to buy sweets where petitioner along with other F.I.R. named accused persons were illegally collecting money from the shopkeeper and on protest, all of them started beating the informant and his family members due to which brother of the informant died during course of treatment.

Patna High Court CR. MISC. No.2478 of 2023(4) dt.28-04-2023 2/2 Learned counsel appearing for the petitioner submits that from bear perusal of the F.I.R., it is apparent that specific accusation of assault is against F.I.R. named accused persons. Informant claims to be an eye witness of the occurrence but has not named this petitioner in F.I.R. Name of the petitioner transpired during investigation in re-statement of the informant which is an afterthought. Petitioner has got clean antecedent. Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Manhar P. S. Case No. 119 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T