Arun Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35811 of 2022 Arising Out of PS. Case No.-340 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== ARUN SHAH SON OF SHEO SHANKAR SHAH Resident of Ledihar P.SSugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Prerna Rishi, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on account of dispute, the present occurrence is alleged to have taken place wherein this petitioner along with Sandeshwari, Munna and Rohit tried to strangulate the informant and thereafter Shiv Shankar Sah came and assaulted the informant with an iron rod causing injury on his head, face and back and he became unconscious.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35811 of 2022(2) dt.29-11-2022 2/2 petitioner has been falsely implicated in the present case, it is next submitted that petitioner is the nephew of the informant and the allegation of specific assault is against Shiv Shankar. It is also submitted that even the injury suffered by the injured is grievous in nature but then petitioner is not alleged to have committed the assault.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sugauli P.S. Case No. 340 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T