Mukesh Poddar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36733 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -BANGAON District- SAHARSA ======================================================

1. Mukesh Poddar, aged about 32 years,

2. Rajesh Poddar @ Rajesh Kumar Poddar, aged about 30 years, both are sons of late Chandeshwari Poddar and residents of Bariyahi Bazar, P.S. Bangaon, district Saharsa .... Petitioners

Versus

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

For the Petitioners : Mr. Ajit Kumar, Adv. For the Opposite Party : Mr. Brajendra Nath Pandey, APP 91 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2017 Heard both sides.

The petitioners apprehend their arrest in Bangaon P.S. Case No. 97 of 2016 under Section 307 and other sections of the Indian Penal Code.

The prayer for anticipatory bail of the petitioners was earlier rejected on 28.04.2017, passed in Cr. Misc. No. 16246 of 2017, but, the petitioners again moved this petition for grant of anticipatory bail on the ground that the injury found on the person of the informant was opined as simple in nature. I find that all the facts of this case were considered. There is allegation against petitioner no. 1, Mukesh Poddar, that he fired and while the informant was fleeing away petitioner no. 2, Rajesh Poddar, threw bricks on his head. The informant got injury on his head.

Considering the facts, aforesaid, prayer for anticipatory bail was earlier rejected, I do not find any fresh ground to consider the prayer for anticipatory bail, again.

Hence, the prayer for anticipatory bail is rejected. (Prabhat Kumar Jha, J) SA/- U √ T √