Shambhu Kumar @ Shambhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75725 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Shambhu Kumar @ Shambhu Yadav ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rohit Raj, Adv, For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Hasanpur P. S. Case No.68 of 2024 under Sections 341, 342, 323, 504, 506, 379, 328 and 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against the petitioner against whom there is allegation that he has attacked on the informant when he was taking breakfast in his shop. The allegation of brutal assault has been made and also snatching of one mobile and cash of Rs.48,000/- from the pocket of the informant is there.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.75725 of 2024(2) dt.11-11-2024 2/3 that in the present F.I.R., the petitioner has been made accused with a view to take defense of the informant as the actual cause of dispute is otherwise. He further submits that in this regard, the petitioner has filed sanha before the A.C.J.M.-I, Rosra vide Informatory Petition No.66 of 2024 dated 07.02.2024. Counsel further submits that on 06.04.2024 also, the petitioner has lodged a case, but his case has not been acknowledged by the police officials.
5. Learned Counsel further submits that upon bare reading of the informatory petition, it become crystal clear that what is the real cause of dispute.
6. Learned Counsel also submits that antecedent of the petitioner is clean.
7. Learned APP for the State opposes the prayer for bail and submits that there is an specific allegation in the F.I.R. against the petitioner.
8. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate,
Patna High Court CR. MISC. No.75725 of 2024(2) dt.11-11-2024 3/3 Rosra, Samastipur in connection with Hasanpur P. S. Case No.68 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U T