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Patna High CourtCR. MISC./26903/2021allowed

Raj Kumar Poddar @Raj Kumar v. The State Of Bihar

2022-03-02Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26903 of 2021 Arising Out of PS. Case No.-392 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia ======================================================

1. Raj Kumar Poddar @RAJ Kumar Son Of Anil Poddar R/O VillageJotaljhay P.S- K.Nagar (MARANGA) Dist- Purnea

2. Dayanand Poddar Son Of Late Saryu Poddar, Both R/O Village- Jotaljhay P.S- K.Nagar (MARANGA) Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. A. Shamsi For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-03-2022 At the outset, learned counsel appearing for the petitioners submits that during pendency of this application petitioner no. 1, namely, Raj Kumar Poddar @ Raj Kumar has been arrested, and as such, he seeks permission to withdraw this application.

Permission is granted.

The application, thus, stands dismissed as withdrawn as against petitioner no. 1.

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in connection with K. Nagar (Maranga) P.S. Case No. 392 of 2020 registered for the offence punishable under section 307 and other

Patna High Court CR. MISC. No.26903 of 2021(3) dt.02-03-2022 2/2 allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. There is case and counter case between the parties. Both sides have sustained injuries. Petitioner no. 2 has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner no.2, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Purnea in connection with K. Nagar (Maranga) P.S. Case No. 392 of 2020 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T