Rajendra Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21607 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- KHARIK District- Bhagalpur ====================================================== 1.

Rajendra Poddar, Son of Late Triveni Poddar, Resident of Village - Kharik Bazar, P.S.- Kharik, District - Bhagalpur.

2.

Satya Narayan Poddar, Son of Late Ramswarup Poddar @ Ram Swarup Poddar, Resident of Village - Kharik Bazar, P.S.- Kharik, District - Bhagalpur.

3.

Krishndeo Poddar, Son of Late Ramswarup Poddar @ Ram Swarup Poddar, Resident of Village - Kharik Bazar, P.S.- Kharik, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiwesh Chandra Mishra For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 188, 447 and 353/34 of the Indian Penal Code.

The prosecution case as per the written report of Vinay Shankar Panda, Circle Officer, Kharik Block, dated 17.12.2018 submitted to the Station House Officer of Kharik Police Station is to the effect that on the same day, the informant went to implement the order passed in Encroachment Case No.

Patna High Court CR. MISC. No.21607 of 2019(2) dt.12-04-2019 2/3 04 of 2018 when the petitioners created ruckus, as a result, they obstructed public servants in discharging their official duty. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners, and, in fact, the informant has maliciously roped the petitioners in the present case. It is further submitted that the petitioners were never been noticed in Encroachment Case No. 04 of 2018. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR.

Considering the omnibus and general nature of accusation against the petitioners and statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Naugachia, Bhagalpur in connection with Kharik P.S. Case No. 305 of 2018,

Patna High Court CR. MISC. No.21607 of 2019(2) dt.12-04-2019 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T