Shiv Narayan Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36985 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== 1.

Shiv Narayan Poddar S/o Late Ram Chalitar Poddar R/o vill - Shokhara 02, P.O. - Barauni, P.S. - Phulwaria, Distt. - Begusarai 2.

Sanjay Poddar S/o Ram Narayan Poddar R/o vill - Shokhara 02, P.O. - Barauni, P.S. - Phulwaria, Distt. - Begusarai 3.

Lalan Kumar @ Lalbabu Poddar S/o Ram Narayan Poddar R/o vill - Shokhara 02, P.O. - Barauni, P.S. - Phulwaria, Distt. - Begusarai 4.

Suraj Kumar Poddar @ Suraj Kumar S/o Ram Narayan Poddar R/o vill - Shokhara 02, P.O. - Barauni, P.S. - Phulwaria, Distt. - Begusarai ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Ramadhar Shekhar, Advocate For the Opposite Party :

Mr.Lalan Kumar, A.P.P.

Mr. A Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners, the State and the informant.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307, 341, 352, 504/506 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners and 4 to 5 unknown persons forcefully constructed the roof of the house on the land of the informant and on objection by the informant side, the accused persons abused and assaulted informant and her family members.

Patna High Court CR. MISC. No.36985 of 2024(3) dt.24-07-2024 2/2

4. It is submitted on behalf of the petitioners that parties are agnate and next door neighbourer and admittedly there is land dispute between the parties. Informant side is agressor and came to the place of petitioners and committed the occurrence. There is case and counter case. Doctor has found simple injury.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Phulwaria Police Station Case No. 164 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T