Kamal Nath Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30369 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -KURSELA District- KATIHAR ====================================================== Kamal Nath Poddar son of Late Jai Narayan Poddar, Resident of VillageAyodhyaganj Bazar, Police Station- Kursella, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Kursella P.S. Case No.15 of 2015 registered under sections 448, 341, 323, 225, 504, 506 and 307/34 of the Indian Penal Code. The case diary in the present case has been called for which has been received.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case and there was dispute between the parties for which a civil litigation is also pending. He further submits that an altercation took place between the parties and while they were scuffling, the informant's father who had been carrying sharp

Patna High Court Cr.Misc. No.30369 of 2015 (3) dt.16-10-2015 2/2 cutting weapon attacked the petitioner which hit the informant himself and while trying to take it from him, the informant's father sustained injury on his left thumb. Learned counsel further submits that as such no overt act can be attributed to this petitioner rather he had been obstructed in the construction of his house. Learned counsel for the State after perusing the case diary submits that such story has been also stated by the several witnesses in the case diary and there is no further material in the same against the petitioner.

Considering the aforementioned facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond Rs.10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursella P.S. Case No.15 of 2015, subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Md.S./- U T