Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42361 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- OBRA District- Aurangabad ====================================================== 1.

SHANKAR KUMAR Son of Sri Nand Lal Singh Yadav @ Nandu Singh Yadav 2.

Prakash Kumar Son of Sri Ram Vijay Yadav Both are Resident of Village- Atrauli, P.S.- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 Learned counsel for the petitioner is permitted to make correction in para 3 of the petition.

Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Obra P.S.Case No.67 of 2019 , registered for offences punishable under Sections 341, 323, 308, 504/34 of the Indian Penal Code.

Written report disclose the allegation that the petitioner and other accused persons came and assaulted the informant and thereafter also assaulted his son Chandan Kumar. Submission of the learned counsel for the petitioners is that as a matter of fact in the holi festival, some occurrence took place due to that they have falsely been implicated in this case and no specific allegation has been attributed against any of the petitioners.

Patna High Court CR. MISC. No.42361 of 2019(2) dt.09-07-2019 2/2 Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the petitioner no.2 is accused in two other cases also..

Having heard both sides, so far petitioner no.1 Shankar Kumar is concerned in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Daud Nagar, Aurangabad in connection with Obra P.S.Case No.67 of 2019 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

So far petitioner no.2 Prakash Kumar is concerned, I am not inclined to grant privilege of anticipatory bail, however, he may surrender before the learned court below and pray for regular bail, which will be considered on its own merit. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T