Ram Pukar Poddar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3244 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Ram Pukar Poddar Son of Late Bhola Poddar @ Narayan Poddar,

2. Ram Ratan Poddar, Son of Late Bhola Poddar @ Narayan Poddar,

3. Ram Nihor Poddar, Son of Late Bhola Poddar @ Narayan Poddar, All are resident of village - Saraunja, Tola Laxmipur, Police Station - Birpur in the district of Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 458, 323, 504 of the Indian Penal Code, 27 of the Arms Act and 10 of the Prevention of Unlawful Activities Act.

The prosecution case is that 30-35 persons armed with weapon caught the informant, out of them 12 persons were identified including the petitioner and named in the First Information Report. It is alleged that co-accused Damodar Tanti assaulted the informant with danda, when Raju Poddar, Arjun Sharma, Md. Hussain and others entered into the house

Patna High Court Cr.Misc. No.3244 of 2016 (2) dt.30-01-2016 of the informant and took out on the road and assaulted him with danda. When the wife and mother of the informant came to rescue, they were also being assaulted.

It is submitted by the learned counsel for the petitioners that accusation is omnibus and general and the injury has been found to be simple in nature. There is counter version of the occurrence. Moreover, the persons against whom specific accusation has been levelled have been granted bail vide Cr. Misc. No. 944 of 2016.

It is submitted by the learned counsel for the informant that petitioners belong to extremist organization and having serious criminal antecedent.

It is submitted by the learned counsel for the petitioners that though the petitioners are involved in some cases as stipulated in paragraph-3 of the petition, but all have been lodged at the behest of the informant.

Considering the omnibus and general accusation and co-accused have been granted bail, it is a case for consideration of prayer for regular bail.

Let, the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Birpur P.S. Case No. 70 of 2015, pending in the court of learned Sri Amit Anand, J.M., Ist Class, Begusarai.

Patna High Court Cr.Misc. No.3244 of 2016 (2) dt.30-01-2016 With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T