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Patna High CourtCR. MISC./36944/2019bail granted

Munna Poddar @ Mukesh Poddar @ Munni Poddar v. The State Of Bihar

2019-06-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36944 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

MUNNA PODDAR @ MUKESH PODDAR @ MUNNI PODDAR Son of Badal Poddar Resident of Village- Madhopur, P.S.- Nathnagar, DistrictBhagalpur. 2.

Dablu Poddar Son of Badal Poddar Resident of Village- Madhopur, P.S.- Nathnagar, District- Bhagalpur.

3.

Mithun Mandal Son of Lakshman Mandal Resident of Village- Madhopur, P.S.- Nathnagar, District- Bhagalpur.

4.

Deepak Kumar Mandal @ Deepka Son of Sagar Mandal Resident of Village- Madhopur, P.S.- Nathnagar, District- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nathnagar P.S. Case No. 173 of 2019, disclosing offences under Sections 341, 323, 354(B), 504 and 506/34 of the Indian Penal Code.

There is allegation of assault against the persons named in the FIR, including these petitioners. Learned counsel for the petitioners appears to be correct in his submission that no offence under Section 354-B of the IPC can be said to be made out, on the basis of what has

Patna High Court CR. MISC. No.36944 of 2019(2) dt.19-06-2019 2/2 been alleged in the FIR.

Considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM, 1st, Bhagalpur in connection with Nathnagar P.S. Case No. 173 of 2019, corresponding to G.R.No.1525 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T