Munna Poddar @ Mani Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29316 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== Munna Poddar @ Mani Poddar Son of Late Lakshmi Poddar, R/o-Chotki Dumra Akbarpur, P.S.-Bhawanipur (Akbarpur), Distt.-Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Singh, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Bhawanipur (Akbarpur) P.S. Case No. 66 of 2022 dated 26.03.2022, lodged under Sections 147, 148, 325, 341, 323, 324, 307, 506 of the Indian Penal Code.

4. As per prosecution case, total 11 persons were made accused in the F.I.R. with specific allegation against the petitioner that he has assaulted the informant by lathi and injured him brutally.

5. Learned counsel for the petitioner submits that both petitioner and informant side are resident of same village. He

Patna High Court CR. MISC. No.29316 of 2023(2) dt.08-06-2023 2/3 further submits that for the occurrence dated 15.03.2022 an F.I.R. has been filed by the family member of petitioner which was registered as Bhawanipur (Akbarpur) P.S. Case No.56 of 2022 dated 18.03.2022. He further submits that in retaliation of the said case, the present F.I.R. has been lodged by the informant namely Bhawanipur (Akbarpur) P.S. Case No.66 of 2022. Learned counsel submits that there was apprehension at the hand of informant side, therefore, the petitioner family have filed an informatory which is annexed as Annexure-4 prior to filing of both the cases. He also annexed Annexure-5 to draw attention of this Court showing that the informant side are person who have no respect for law and for that police himself filed a criminal case against them bearing Bhawanipur (Akbarpur) P.S. Case No.57 of 2022. He further submits that antecedent of petitioner is clean and he is in custody since 10.02.2023.

6. Learned counsel for the State opposes the prayer for bail and submits that there is allegation against the petitioner of assault by lathi.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/-

Patna High Court CR. MISC. No.29316 of 2023(2) dt.08-06-2023 3/3 (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Bhawanipur (Akbarpur) P.S. Case No. 66 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ritik/- U T