Shankar Kumar @ Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55763 of 2024 Arising Out of PS. Case No.-75 Year-2015 Thana- ATRI District- Gaya ====================================================== Shankar Kumar @ Shankar Yadav S/o Kapil Yadav R/o vill - Shekha Bigha, P.S. - Atri, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Atri P.S. Case No.75 of 2015 registered for the offence under Sections 147, 148, 149, 323, 324, 325, 326, 307, 353, 427 and 395 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The allegation against the petitioner along with other co-accused persons is to have assaulted a constable of Special Armed Police.

4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that no specific allegation has

Patna High Court CR. MISC. No.55763 of 2024(2) dt.17-01-2025 2/2 been levelled against this petitioner. It is also submitted similarly situated co-accused persons have already been granted bail by a learned co-ordinate Bench of this Court vide Cr. Misc. No.749 of 2019 on 25.01.2019. It is submitted that petitioner is a man of clean antecedent.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and as four co-accused persons have already been granted anticipatory bail by a learned co-ordinate Bench, where, the matter of this petitioner is identical to that case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Atri P.S. Case No.75 of 2015 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J) S.Katyayan/- U T