Shivesh Kumar Ishwar @ Shivesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73775 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== SHIVESH KUMAR ISHWAR @ SHIVESH KUMAR S/O Shri Ram Uchit Iashwar R/O Village- Maranchi, P.S- Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Sudha Ambastha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 308, 504 and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 29.01.2021 at about 04:00 PM came to his house from his maize field when his father and maternal uncle stopped him to enter the house and his brother along with the petitioner and his maternal uncle assaulted him by Hasuwa causing injury on his head and when his wife came to rescue him, she was also assaulted.

The learned counsel next submits that petitioner and

Patna High Court CR. MISC. No.73775 of 2022(4) dt.20-06-2023 2/2 the informant are full brothers and the informant has instituted the present case against his father, maternal uncle and the petitioner. It is next submitted that on account of dispute relating to land, the occurrence is alleged to have taken place when the injury is simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bachhwara P.S. Case No. 27 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T