Shankar Poddar @ Shiv Shankar Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35485 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- LAUHIYANAGAR District- Begusarai ====================================================== 1.
Shankar Poddar @ Shiv Shankar Poddar S/o Ramuchit Poddar Resident of Village and PS- Lohiyanagar, District- Begusarai 2.
Shobha Devi W/o Shankar Poddar @ Shiv Shankar Poddar Resident of Village and PS- Lohiyanagar, District- Begusarai ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Rahul Singh, Advocate For the State :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Lohiyanagar PS. Case No-111 of 2024, Dated-30.10.2024, registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 109(1), 3(5) of the B.N.S.
3. As per allegation, the petitioners have assaulted the informant and his family members.
4. learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that the informant and the petitioners
Patna High Court CR. MISC. No.35485 of 2025(2) dt.18-06-2025 2/3 are next door neighbours and tenants in his house and due to some altercation, there was simple injury caused on both sides leading to lodging of case and counter case. The case lodged by the petitioners side is Lohiyanagar P.S. Case No. 110 of 2024.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner no.1 has been made accused in one other case, whereas the petitioner no.2 has no criminal antecedent.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the simple nature of injury and case and counter case, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Lohiyanagar P.S. Case No-111 of
Patna High Court CR. MISC. No.35485 of 2025(2) dt.18-06-2025 3/3 2024, subject to the conditions as laid down under Section 482
(2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U T