Shiv Shankar Prasad @ Shiv Shankar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17944 of 2024 Arising Out of PS. Case No.-781 Year-2023 Thana- BIHTA District- Patna ====================================================== Shiv Shankar Prasad @ Shiv Shankar Prasad Singh Son of Late Munarik Rai Resident of village - Gopalpur, P.S.- Gaurichak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Prasad Gupta For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-03-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 147, 148, 149, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the main assailant of the deceased are Anish Kumar @ Anish Rai and Pravin @ Biru. They have shot at the deceased.

4. The petitioner is a retired government servant and has clean antecedent. Petitioner is aged about 69 years and he is in custody since 18.12.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the age of the petitioner and the fact

Patna High Court CR. MISC. No.17944 of 2024(2) dt.14-03-2024 2/2 that petitioner is not the assailant of the deceased, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail after framing of charge if the charge has not been framed yet on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class, Danapur/concerned Court below in connection with Bihta P.S. Case No. 781 of 2023.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T