Shiwaji Prasad @ Shivji Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25807 of 2023 Arising Out of PS. Case No.-552 Year-2022 Thana- BHORE District- Gopalganj ====================================================== 1.

SHIWAJI PRASAD @ SHIVJI PRASAD Son of Late Ramashray Prasad @ Ramashray Bhagat R/V- Rudalpur, PS- Bhore, Dist- Gopalganj 2.

Manu Kumar @ Monu Kumar Son of Ramji Bhagat R/V- Rudalpur, PSBhore, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.

Vide order dated 23.06.2023, the bail application as against the petitioner no.1 was withdrawn by the learned counsel for the petitioner.

As such, this application is now, being heard with respect to the petitioner no.2, only.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused persons assaulted the informant's side by means of several weapons. The accused persons also snatched ornaments from one Manju Devi.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.25807 of 2023(3) dt.13-07-2023 2/2 petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. There is an admitted land dispute between the parties. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bhore P.S. Case No.552 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T