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Patna High CourtCR. MISC./20545/2016rejected

Naresh Poddar v. The State Of Bihar

2016-07-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20545 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -GOPALPUR District- BHAGALPUR ====================================================== Naresh Poddar, Son of Late Raghu Nandan Poddar, Resident of Village Bari Makand Pur, P. S Gopalpur District Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard both sides.

The petitioner apprehends his arrest in Gopalpur P.S. Case No. 37/2016 (G.R. No. 154/2016) registered under Section 302 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

There is specific allegation that on the order of the petitioner, Manoj Yadav @ Munna Yadav fired at the brother of the informant causing firearm injury in his armpit. The brother of the informant died on the spot. Learned counsel for the petitioner submits that there is a counter version being Gopalpur P.S. Case No. 39/2016. There is a land dispute between the parties. Title Suit is also pending. The petitioner is a Lab Technician in a college and he has got unblemished career.

It appears that on the order of the petitioner, Manoj

Patna High Court Cr.Misc. No.20545 of 2016 (3) dt.19-07-2016 2/2 Yadav @ Munna Yadav fired causing the death of the brother of the informant. Hence, I am not inclined to enlarge the petitioner on anticipatory bail in Gopalpur P.S. Case No. 37 of 2016 (G.R. No. 154/2016). Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T