Bablu Poddar @ Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13544 of 2023 Arising Out of PS. Case No.-307 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Bablu Poddar @ Bablu Kumar Son Of Brahamdev Poddar R/O VillageMalhad, Ward No.14, P.S.- Supaul, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Supaul P.S. Case No. 307 of 2020 registered for the offences punishable under Sections 144, 149, 448, 341, 323, 380, 325, 354-B and 308 of the Indian Penal Code (in short 'I.P.C.').
The allegation against this petitioner is to assault informant and others by means of lathi, rod, etc. alongwith other co-accused persons, causing bodily injuries, having intention to
Patna High Court CR. MISC. No.13544 of 2023(2) dt.23-05-2023 2/3 cause their death, where occurrence is arises out of land dispute. Learned counsel appearing on behalf of the petitioner submitted that the occurrence is free fight in nature, where both parties received injuries and for the same set of occurrence a case was lodged by petitioner's mother, which has been registered as Supaul Mahila P.S. Case No. 35 of 2020. It is submitted that parties are admitted and occurrence took place out of land dispute. It is submitted that the grievous injuries as alleged to be received by informant during the course of occurrence appears on non-vital part of the body, which is sufficient to gather that same is not sufficient to cause death in ordinary course of nature.
While concluding the argument it is submitted that petitioner is a man of clean antecedent. Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances as mentioned above, as occurrence is free fight in nature, where nature of injury appears on non-vital part of body, accordingly, the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs.
Patna High Court CR. MISC. No.13544 of 2023(2) dt.23-05-2023 3/3 Magistrate 1st Class, Supaul/concerned Court, where the case is pending in connection with Supaul P.S. Case No. 307 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T