Shiv Shankar Yadav @ Shiv Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78099 of 2023 Arising Out of PS. Case No.-300 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== 1.

SHIV SHANKAR YADAV @ SHIV SHANKAR PRASAD S/O LATE JAGDISH PRASAD R/O VILLAGE- KAJIPUR, TOLA- HEMANT BIGHA, P.S.- BELAGANJ, DISTRICT- GAYA 2.

REKA DEVI @ REKHA KUMARI W/O SRI JITENDRA KUMAR R/O VILLAGE- KAJIPUR, TOLA- HEMANT BIGHA, P.S.- BELAGANJ, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 341, 323, 307, 504, 506 IPC. 3.

As per the prosecution case, the petitioners along with other co-accused came armed with lathi-danda and assaulted the father of the informant and when the informant, his wife and mother came for rescue they were assaulted by the accused persons.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.78099 of 2023(2) dt.08-12-2023 2/2 motive. No such occurrence in the manner, as alleged has ever taken place. There is general and omnibus allegation against the petitioners. The specific allegation is against the co-accused Jitendra Kumar, Chandra Kant Yadav, Bipin Kumar and Arvind Kumar. The injured Raja Ram Yadav has sustained grievous injury but the same has not been inflicted by the petitioners. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Belaganj P.S. Case No.300 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T