Shankar Kumar @ Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53860 of 2024 Arising Out of PS. Case No.-518 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Shankar Kumar @ Shankar Yadav Son Of Rameshwar Prasad @ Rameshwar Pd. Yadav Resident Of Village- Fataha Ps- Warisaliganj District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Nayan, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Warsaliganj P.S. Case No. 518 of 2023 registered under Sections 341, 342, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per F.I.R., on the alleged date and time of occurrence, when informant opposed the advertisement published by accused persons then all the F.I.R. named accused persons including this petitioner caught informant levelling allegation of committing theft of gold chain and cash of Rs. 50,000/- and also assaulted and threatened to kill him.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village politics and previous enmity. Further submission is that allegation of assault
Patna High Court CR. MISC. No.53860 of 2024(3) dt.13-09-2024 2/2 is general and omnibus. The doctor has found the injury simple in nature. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 21.08.2024 passed in Cr. Misc. No. 51879 of 2024. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail by contending that petitioner is named in the First Information Report with the allegation of assault.
6. Having considered the facts and circumstances of the case, nature of injury and similarly situated co-accused persons have already been granted bail, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Warsaliganj P.S. Case No. 518 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T