Anuj Shrivastava @ Anuj Kumar Shrivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15304 of 2023 Arising Out of PS. Case No.-852 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Anuj Shrivastava @ Anuj Kumar Shrivastava Son Of Late Fulena Prasad Srivasatava @ Late Fukena Prasad Srivastav R/O Village- I.T.I. Colony, Jay Prakash Nagar, P.S.- Bettiah Mufassil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary For the Informant Mr. Y.C. Verma, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 379, 385 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, while the informant was sitting at Ticket Court, all FIR named accused persons and 2-3 unknown persons armed with deadly weapon came near there and demanded rangadari from the informant otherwise, his buses are not allowed to run. On protest, accused Gandhi Srivastava and Chhotu Srivastava opened fire

Patna High Court CR. MISC. No.15304 of 2023(3) dt.03-07-2023 2/3 upon the informant and petitioner has given repeated sword blow on the back of Praveen Kumar Verma, who came there to rescue the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Allegedly, petitioner has assaulted to Praveen Kumar Verma by giving him repeated sword blow but as per para 110 of the case diary, injured Praveen Kumar Verma has received simple injury caused by hard and blunt object. There is case and counter case between the parties and the present case is counter version of Bettiah Town PS Case No. 857 of 2022. Petitioner has got no criminal antecedent and languishing in judicial custody since 16.11.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Bettiah Town

Patna High Court CR. MISC. No.15304 of 2023(3) dt.03-07-2023 3/3 P.S. Case No. 852 of 2022.

(Sunil Kumar Panwar, J) sushma/- U