Deepak Poddar @ Dipak Kumar Poddar @ Santosh Poddar @ Deepak Kumar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20505 of 2024 Arising Out of PS. Case No.-342 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Deepak Poddar @ Dipak Kumar Poddar @ Santosh Poddar @ Deepak Kumar Poddar son of Vijay Poddar Village- W.No-7, Chiranjipur Shahpur Fateha Ps- Bachwara Dist- Begusarai 2.

Sonu Kumar @ Bagish Kumar S/o Shambhu Mahato R/o ward no. 7, Chiranjipur Shahpur, Fateha, P.s. - Bachwara, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Bachwara P.S. Case No. 342 of 2022 dated 24.12.2022 registered for the offence/s punishable u/ss 341, 323, 307, 379, 504 and 506 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the petitioners and the coaccused persons are alleged to have abused the informant and his brothers. It is further alleged that the petitioners took the pistol out from their waists and started firing and they also assaulted the informant and his brothers with the butt of pistol, and iron rod causing injury. They also took out Rs. 5500/- from the galla of his

Patna High Court CR. MISC. No.20505 of 2024(2) dt.15-04-2024 2/2 shop.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is case and counter case between the parties. It is further submitted that no one sustained fire arm injury. It is further submitted that the informant and his brothers sustained injuries which are simple in nature. The petitioner no. 1 has three criminal antecedents and the petitioner no. 2 has no criminal antecedents as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as injury being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Begusarai in connection with Bachwara P.S. Case No. 342 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T