Bileshwar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3053 of 2020 Arising Out of PS. Case No.-177 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Bileshwar Poddar, aged about 64 years, Male, S/O Late Ramsharan Poddar 2.

Chandan Poddar, aged about 26 years, Male 3.

Kundan Poddar, aged about 29 years, Male, Petitioner nos.2 and 3 are sons of Bileshwar Poddar, all are resident of Village - Kaithi, P.S. - Chautham, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2020 Heard learned counsel for the petitioners, the informant and the learned A.P.P. for the State. The petitioners apprehends their arrest in connection with Chautham P.S. Case No. 177 of 2018, G.R. No.2455 of 2018 registered for the offences punishable under Sections 341, 323, 337, 338, 379, 308/34 of the Indian Penal Code. Prosecution story in short is that one Ashok Poddar filed his written report alleging therein that on 02.09.2018 at about 1.00 p.m. F.I.R. named person come variously armed assaulted his son resulting head injury meanwhile they took

Patna High Court CR. MISC. No.3053 of 2020(2) dt.28-02-2020 2/3 away Rs.50,000/- thing and gold chain when people assembled they take away for treatment aftr primary treatment referred to another place they gone to Begusarai due to which late information was given.

Learned counsel for the petitioners submits that there is case and counter case. Learned counsel for the petitioners further submits that earlier petitioner no.1 has filed Chautham P.S. Case No.175 of 2018 dated 02.09.2018. Learned counsel for t he petitioners further submits that thereafter the informant has filed the present Chautham P.S. Case No.177 of 2018 dated 05.09.2018. In the F.I.R., the occurrence has shown as 02.09.2018 but F.I.R. has been lodged on 05.09.2018. Learned counsel for the petitioners further submits that the injury found simple in nature.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of Sri Satishmani Tripathi, Judicial Magistrate, 1st Class, Khagaria in connection with Chautham P.S. Case No. 177 of 2018, G.R. No.2455 of 2018,

Patna High Court CR. MISC. No.3053 of 2020(2) dt.28-02-2020 3/3 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T