Parash Poddar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39130 of 2015 Arising out of PS.Case No. -169 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================
1. Parash Poddar, Son of Late Baldeo Poddar.
2. Vikash Poddar, Son of Shri Parash Poddar.
3. Ramesh Poddar, Son of Shri Kusheshwar Poddar.
4. Maniya Poddar @ Mani Poddar, Son of Late Ramkeshwar Poddar. All residents of village - Sardarganj, Post - Sardarganj (Chak Nawada), P.S. - Dalsingsarai, District - Samastipur.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Aaruni Singh, Advocate. For the Opposite Party : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Dalsingsarai P.S. Case No. 169 of 2015 for the offences instituted under Sections 341, 323, 379, 504/34 of the IPC and 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The prosecution story, in brief, is that on 03.05.2015 at 7.30 P.M. the informant had gone to recharge his mobile in the meantime, all the petitioners alongwith 10-12 other persons were
Patna High Court Cr.Misc. No.39130 of 2015 (5) dt.17-03-2016 2/3 making verification in front of his shop with the Bhabhi of the landlord Om Mahto of the informant. The informant advised them to go somewhere for talking. On this point, Paras Poddar and other relatives started to abuse and assaulted him, his brother and his nephew. They became injured. At the time of departure, Paras Mahto addressed him by calling his caste name and took Rs. 15000/-. The Villagers came and pacified the matter. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no recovery of theft articles from possession of the petitioners. The petitioners and the informant are residents of the same village. The petitioners have been implicated in the present case due to village politics. Provisions of SC/ST Act is not attracted in the present case. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Dalsingsarai P.S. Case No. 169/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Dalsingsarai, Samastipur,
Patna High Court Cr.Misc. No.39130 of 2015 (5) dt.17-03-2016 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T