Arjun Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8867 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Arjun Poddar son of Late Raj Kumar Poddar Village- Kadrabad PsBachhwara Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302, 120(B), 34 of the IPC.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated by the informant alleging that the accused persons including the petitioner assaulted her husband leading to his death.

4. It is next submitted that the informant in the FIR alleges that the accused persons including the petitioner are her

Patna High Court CR. MISC. No.8867 of 2024(2) dt.05-03-2024 2/3 neighbours and they under a conspiracy assaulted her husband leading to his death. It is further submitted that petitioner is own brother of the deceased, but then this fact has been deliberately concealed in the FIR to give a serious colour to the case. It is further submitted that the date of occurrence is 08.08.2023 and the FIR has been instituted on 19.08.2023 i.e. after a delay of eleven days. It is further submitted that the entire family members including the petitioner have been implicated in the present case by the informant with a view to coerce him into submission, so no one objects to her demand in the ancestral property. The learned counsel next submits that petitioner will not abscond rather will cooperate in the investigation.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bachhwara P.S. Case No.253 of

Patna High Court CR. MISC. No.8867 of 2024(2) dt.05-03-2024 3/3 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T