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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80626 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

SHIV SHANKAR RAUT @ SHANKAR RAUT @ SHIV SHANKAR PRASAD SON OF VISHWANATH RAUT RESIDENT OF VILLAGE - TAMURIA, P.S. - LAKHKNAUR, DISTRICT - MADHUBANI 2.

SHIV KUMAR RAUT SON OF VISHWANATH RAUT RESIDENT OF VILLAGE - TAMURIA, P.S. - LAKHKNAUR, DISTRICT - MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravashankar Mishra For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 354(B), 379, 504 and 34 of the Indian Penal Code.

3. The allegation against the petitioner no.1 is that he pulled the saree of the informant and the allegation against the petitioner no.2 is that he snatched golden chain from her.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The occurrence took place on 11.07.2023 and the FIR was lodged on

Patna High Court CR. MISC. No.80626 of 2023(4) dt.21-03-2024 2/2 20.07.2023 i.e. after a delay of 9 days, which creates a serious doubt over the genuineness of the prosecution story. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the delay in lodging of FIR, 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 Laukhnaur P.S. Case No.150 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T