Shiv Shankar Kumar @ Dr. Shiv Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61957 of 2023 Arising Out of PS. Case No.-238 Year-2023 Thana- NARHATT District- Nawada ====================================================== Shiv Shankar Kumar @ Dr. Shiv Shankar Prasad Son Of Shyam Kishore Prasad @ Shyam Kishore Yadav Resident Of Village - Hasanchak, P.S. - Sitamarhi, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 325, 427, 354(B), 379, 307/34 of the Indian Penal Coded and Section 27 of the Arms Act.

As per prosecution case, all the F.I.R. named accused persons including the petitioner have assaulted the informant and his family members. The allegation against the petitioner is that he has assaulted to the informant's son namely Amit Kumar by means of Iron rod on his leg due to which his leg was fractured. It is further alleged that the petitioner entered into the

Patna High Court CR. MISC. No.61957 of 2023(2) dt.15-09-2023 2/2 house of the informant with firing by means of gun and looted his house also.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to village politics. He has assaulted to son of informant on his leg which is not vital part of the body. No firearm injury caused by the petitioner to anyone. It is also submitted that petitioner is languishing in judicial custody since 13.07.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Narhat (Sitamarhi) P.S. Case No.238 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada. (Sunil Kumar Panwar, J) lata/- U T