Shivam @ Monu Kumar @ Shivam Kumar vs The State Of Bihar on 18 October, 2023

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Patna High Court - Orders

Shivam @ Monu Kumar @ Shivam Kumar vs The State Of Bihar on 18 October, 2023

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62258 of 2023
                  Arising Out of PS. Case No.-398 Year-2023 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Shivam @ Monu Kumar @ Shivam Kumar Son Of Papu Sharma Resident Of
                 Village - Esmilpur, Police Statiion - Makhdumpur, District - Jehanabad
                                                                              ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Akhileshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

2   18-10-2023

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 448, 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

3. According to prosecution case, the petitioner along with F.I.R. named co-accused person armed with lathi, rod and katta came there and started abusing and when the same was protested, the accused persons started assaulting. It is further alleged that petitioner Shivam Kumar assaulted by means of rod on the head of the informant's soon, which hit in his hand and when the informant's wife came there to save, then all accused persons started to assault the informant and the injured was brought at Makhdumpur hospital for treatment.

4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.62258 of 2023(2) dt.18-10-2023 2/2 petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is that he has assaulted the son of the informant by means of iron-rod but the injury report suggest the the injury was found simple in nature (Annexure-3). It is further submits that there is case and counter case between the parties. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

6. Considering 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Makhdumpur P.S. Case No. 398 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) mdrashid/-

U      T

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Patna High Court - Orders