Shiv Chauhan @ Shiv Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27132 of 2024 Arising Out of PS. Case No.-1798 Year-2023 Thana- NAWADA District- Nawada ====================================================== Shiv Chauhan @ Shiv Prasad Son of Narayan Prasad Resident of Village - Koniyapar, P.S. - Nawada, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Nawada Town P.S. Case No.1798 of 2023 instituted under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, when father of the informant demanded money of plumbing work done by him then the petitioner and his son-in-law abused him and when the father of the informant opposed then the co-accused Ravindra Chauhan assaulted the father of the informant with iron rod causing fracture of his hand.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.27132 of 2024(2) dt.01-05-2024 2/2 case due to enmity. There is no specific allegation of assault to the father of the informant against the petitioner. He also submits that the matter between the parties has been compromised. He next submits that the petitioner has one criminal antecedent in which he is on bail.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Nawada Town P.S. Case No.1798 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T