Shankar Prasad @ Shankar Mahto @ Shankar Prasad Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23886 of 2024 Arising Out of PS. Case No.-604 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== Shankar Prasad @ Shankar Mahto @ Shankar Prasad Mehta S/o Late Basant Mahto R/o Dargah Road, Shiv Mandir, Patthar Ki Masijid, P.S. - Sultanganj, Distt. - patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 Mr.Anirudh Kumar Mr.Praveen Kumar Mr.Shailesh Kumar Mr.Pandeyarvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with general and omnibus allegation. It is next submitted that no doubt, the informant alleges that his mother was killed, but then, specific allegation of throwing the mother of the informant from the terrace is against Subhash. It is further submitted that from

Patna High Court CR. MISC. No.23886 of 2024(2) dt.16-04-2024 2/3 perusal of the allegation as alleged in the F.I.R., it would manifest that with respect to the petitioner, who is father of Subhash, it has been alleged that he had also come to help him and had even abused the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the dispute was trivial as the informant alleges that his mason had commenced the work of construction of his house, but when the same was objected by Subhash on the ground that first the mason should do his work and thereafter, he should start the work of the informant, on which an altercation took place leading to the occurrence. It is also submitted that whether the mother of the informant slips from the terrace or was thrown by Subhash is an aspect of investigation, but then, petitioner, being father of Subhash, has been implicated in the case with general and omnibus allegation in order to coerce Subhash into submission.

4. Learned A.P.P. along with learned counsel appearing on behalf of the informant opposes the anticipatory bail application of the petitioner, but then, are not in a position to rebut the submission of the learned counsel for the petitioner that no specific allegation of committing the occurrence of killing of the mother of the informant is alleged against the

Patna High Court CR. MISC. No.23886 of 2024(2) dt.16-04-2024 3/3 petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Sultanganj P. S. Case No.604 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T