Shiya Sharan Prasad @ Shiya Shapan Prasad @ Shiya Sharan Pro v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53425 of 2018 Arising Out of PS. Case No.-310 Year-2018 Thana- HILSA District- Nalanda ====================================================== Shiya Sharan Prasad @ Shiya Shapan Prasad @ Shiya Sharan Pro, Son of Late Maksudan Prasad, Resident of Village- Bari Ghoshi, Police StationHilsa, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hilsa P.S. Case no. 310 of 2018, registered under Section 25(1-b)a, 26, 35 of the Arms Act.

The accusation is that on receiving the information about creating terror to disturb the peace in between Santosh Kumar, Tuntun Gope and Truck Gope of Haribigha, the informant along with other Police officials reached there, where 2 to 3 persons started fleeing, but on chase, two persons were apprehended, who disclosed their names as Santosh Kumar and Tuntum Kumar. At that time, Santosh Kumar disclosed that his father Shiya Sharan Prasad @ Shiya Shapan Prasad @ Shiya Sharan (Petitioner) was also engaged in crating

Patna High Court Cr.Misc. No.53425 of 2018(3) dt.11-12-2018 2/2 the nuisance.

Learned counsel for the petitioner submits that petitioner had not been apprehended by the Police, rather, the Police got managed to implicate this petitioner showing his name as miscreant in the confessional statement of Santosh Kumar, who is son of petitioner. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 the Addl. Chief Judicial Magistrate, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 310 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T