Genalal Poddar @ Gena Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21621 of 2021 Arising Out of PS. Case No.-369 Year-2020 Thana- RAJAON District- Banka ====================================================== 1.

Genalal Poddar @ Gena Poddar, aged about 60 years, male, Son of Late Dip Narayan Poddar.

2.

Parma Poddar @ Parmanand Poddar, aged about 47 years, male, S/o Late Dip Narayan Poddar.

3.

Santosh Kumar @ Santosh Poddar, aged about 22 years, male, S/o Sri Genalal Poddar @ Gena Poddar.

All are R/o village- Katiyama, P.S.- Rajaur, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Adv.

For the State :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-04-2022 This matter has been up-listed for hearing as this case has been filed about a year ago and not even once it has been taken up for consideration.

Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Rajaun P.S. Case No. 369 of 2020,

Patna High Court CR. MISC. No.21621 of 2021(2) dt.12-04-2022 2/3 dated 21.09.2020, instituted for the offences under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

Seven persons are said to have assaulted the informant and his associate, as a result of which the informant is said to have received simple injuries. It has been urged on behalf of the petitioners that no motive has been assigned for the occurrence and the accusation is absolutely general and omnibus against all the accused persons including the petitioners.

There is a counter version of the occurrence also by petitioner No. 1.

It has further been submitted that there was a dispute between the parties with respect to removal of Nad from in front of the house of one of the petitioners. Apart from this, it has been submitted that the informant was advised to get his X-ray done, but he never followed that advise and did not present himself for any further assessment of the nature of injuries.

Regard being had to the facts afore-stated and

Patna High Court CR. MISC. No.21621 of 2021(2) dt.12-04-2022 3/3 taking into account that the petitioners are persons of clean antecedents, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajaun P.S. Case No. 369 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T