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Patna High CourtCR. MISC./36702/2020bail granted

Pawan Kumar Poddar @ Pawan Kumar Gandhi v. The State Of Bihar

2021-10-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36702 of 2020 Arising Out of PS. Case No.-657 Year-2019 Thana- SAHARSA SADAR District- Saharsa ====================================================== Pawan Kumar Poddar @ Pawan Kumar Gandhi Son of Chiku Poddar Resident of Mohalla-Shivpuri, Ward No. 13, P.S. and District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-10-2021 Heard Shri Binod Kumar Sinha, learned counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State.

The petitioner is seeking anticipatory bail in connection with Saharsa Sadar P.S. Case No. 657 of 2019 instituted for the offences under Sections 341, 323, 324, 308, 379, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant had alleged that while he was going to station, on the way six accused persons surrounded him, abused him and assaulted him by iron rod leading to injury on his head.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.36702 of 2020(3) dt.26-10-2021 2/2 allegations are general and omnibus in nature and from bare perusal of the injury report of the victim Vishal Kumar Chaudhary it would manifest that the injuries are simple caused by hard and blunt substance. At this stage, the learned counsel for the petitioner further submitted that there is one more case against the petitioner as mentioned in paragraph '3' for which he is seeking remedy available to him.

Learned A.P.P. for the State vehemently opposes the anticipatory bail application of the petitioner. Considering the facts and circumstances of the case in it's totality, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of ten weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 657 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T