Shiv Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63533 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- MAHKAR District- Gaya ====================================================== SHIV SHANKAR PRASAD S/O LATE KULDEEP MAHTO R/o VillageKarpi, P.S.- Mahkar, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Nafisu Zzoha, Advocate For the State :

Dr. Mrityunjaya Kr. Gautam, APP For the Informant :

Mr. Sheikh Arkan Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 354, 379, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, on 12.04.2024 at about 6:30 AM, when the informant went towards her fields, she saw this petitioner, along with other accused persons named in the F.I.R., cutting crops from the field in spite of Section 144 of the Cr.P.C. was imposed. It is further alleged that this petitioner tried to outrage the modest of informant and snatched away Mangalsutra and threatened to kill her.

Patna High Court CR. MISC. No.63533 of 2024(3) dt.26-09-2024 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It is further submitted that from bare perusal of the F.I.R. it is apparent that there is admitted land dispute between the parties and due to the same, this false and concocted case has been lodged. As a matter of fact, no such occurrence, as alleged in the F.I.R., ever took place. Rest of the allegations are ornamental. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 J.M.F.C., Gaya, in connection with Mahkar P.S. Case No. 77 of 2024, subject to condition as

Patna High Court CR. MISC. No.63533 of 2024(3) dt.26-09-2024 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

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