Shankar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36570 of 2015 Arising Out of PS.Case No. -119 Year- 2014 Thana -AMARPUR District- BANKA ======================================================

1. Shankar Poddar Son of Krishna Nand Poddar @ Bulbul Poddar resident of village - Amarpur, Police Station - Amarpur, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Balram Kapri For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 379, 427, 504, 506 of the Indian Penal Code. It is alleged that for the dispute of drainage co-accused Upendra Poddar and this petitioner assaulted with iron rod and Khanti on the head of the informant, when sisterin-law of the informant came to rescue she was also assaulted with iron rod by co-accused Ajit Poddar on her head, whereas sister-in-law of the informant Sita Devi was assaulted by Bulbul Poddar with Khanti on her head. The niece of the informant was assaulted by Ranjeet Poddar and her gold locket was snatched. The nephew of the informant Naveen Poddar was assaulted Dilip Poddar on his head by iron rod. The accused

Patna High Court Cr.Misc. No.36570 of 2015 (3) dt.21-09-2015 2/2 persons also took out household articles and bicycle from the house of the informant.

It is submitted by learned counsel for the petitioner that petitioner alleged to have made assault with iron rod to the informant whereas co-accused Upendra Poddar assaulted with Khanti but the injury report reflects only one sharp cut injury though grievous in nature and the same alleged to have been caused by Upendra Poddar. Moreover there is counter version of the occurrence also. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 119 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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