Shankar Ray @ Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50472 of 2022 Arising Out of PS. Case No.-326 Year-2020 Thana- BIHTA District- Patna ====================================================== SHANKAR RAY @ SHIV SHANKAR KUMAR S/o Sarmanand Rai @ Sharmanand Singh Resident of Village- Srirampur, P.S.- Bihta, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Bihta P.S. Case No. 326 of 2020 for the offence registered under Sections 147, 149, 341, 323, 307, 386, 379, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner is of extorting money from the informant as he was coming back after unloading the sand.

Learned counsel for the petitioner submits that he has falsely been implicated in this case with other accused person, namely, Praduman Kumar @ Pradum Kumar, who has already been extended the relief vide order dated 18.05.2022 passed in

Patna High Court CR. MISC. No.50472 of 2022(2) dt.10-01-2023 2/2 Cr. Misc. No. 63476 of 2021 (Annexure-2). It is his further submission that for the same occurrence, two FIRs were lodged and in one of which, he has already been extended the same relief as stated in paragraph-3 of the petition. Learned APP for the State opposes the prayer for anticipatory bail.

Taking into account the kind of accusation as also the fact that similarly placed co-accused has been extended the same relief, this Court is inclined to grant him the same relief. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Bihta P.S. Case No. 326 of 2020 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/NehaU T