Shiv Kumar @ Shilwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65817 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- GAMAHARIYA District- Madhepura ====================================================== SHIV KUMAR @ SHILWA S/o Late Dukhi Paswan R/o Village- Kanhau (Kanhuan), Godhiyari, Paswan Tola, Ward No.12, P.S.- Gamharia, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 341, 147, 148, 149, 323, 324, 379 of the Indian Penal Code.

As per the prosecution case, allegation against the petitioner is that he along with co-accused Vijay Paswan and Harilal Paswan caught the neck of Ratan Devi and co-accused Harilal assaulted Ratan Devi by Khanti on her face and other co-accused pushed the deceased on earth due to that deceased died on spot. It has further alleged that they also looted Rs. 30,000/-.

It is submitted on behalf of the learned counsel for the petitioner that there is no specific overt act against the

Patna High Court CR. MISC. No.65817 of 2021(2) dt.24-05-2022 2/2 petitioner. He has been falsely implicated in this case due to village politics. Petitioner has got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned I/C.J.M.-1, Madhepura in connection with Gamhariya P.S. Case No. 57/2020, subject to condition as laid down under section 438(2) of the code of criminal procedure.

(Prabhat Kumar Singh, J) Ranjeet/- U T