Ajay Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39967 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

Ajay Poddar Son of Late Lakshmi Poddar Resident of village - Chotki Dumra/ Akbarpur, P.S.- Bhawanipur (Akbarpur), District - Purnea. 2.

Suman Kumar @ Sonu Kumar @ Suman Poddar Son of Munna Poddar Resident of village - Chotki Dumra/ Akbarpur, P.S.- Bhawanipur (Akbarpur), District - Purnea.

3.

Bhola Thakur @ Sanjay Thakur Son of Late Rajendra Thakur Resident of village - Chotki Dumra/ Akbarpur, P.S.- Bhawanipur (Akbarpur), District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bhawanipur (Akbarpur) P.S. Case no. 66 of 2022 instituted for the offence under Sections 147, 148, 325, 341, 323, 324, 307, & 506 of the Indian Penal Code.

It is a case of assaulting to the informant and his sons by means of lathi and danda due to which they sustained injuries.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.39967 of 2022(2) dt.02-12-2022 2/3 has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. This case is counter blast of Bhawanipur P.S. Case No. 56 of 2022. There is no specific overt-act against the petitioners. It is further submitted vide para 10 of the petition that false implication of the petitioners would reveal by the fact that for the same occurrence police has also lodged a case vide Bhawanipur P.S. Case No. 57 of 2022, in which the police any how saved the informant's sons and her husband from the mob who have assembled and attacked the informant's husband and both sons and as such the petitioners have falsely been implicated by the informant.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bhawanipur (Akbarpur) P.S. Case no. 66 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two

Patna High Court CR. MISC. No.39967 of 2022(2) dt.02-12-2022 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T