Shiv Shankar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52979 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -PUSA District- SAMASTIPUR ====================================================== Shiv Shankar Poddar Son of Late Ramchandra Poddar Resident of Village : - Harpur Pusa, P.S. : - Pusa, District : - Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner being school teacher is apprehending his arrest for the offences under Sections 147,148, 149, 150, 151, 341, 342, 347, 332, 333, 353, 307, 504, 120(B) of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes Act.

Learned counsel for the petitioner submits that the name of the petitioner has been drawn into the present case only on the basis of the fact that the petitioner had filed a criminal case against several villagers regarding murder of his father.He further submits that a general and omnibus allegation has been made against the petitioner at the instance of inimical villagers and so far as the

Patna High Court Cr.Misc. No.52979 of 2015 (2) dt.11-12-2015 2/2 allegations under Section 3(i)(x) of Sc/ST Act is concerned, they are only misconceived and there is nothing to implicate him. The occurrence had not occurred in a public place and in public view as not a single witness has come forward to support the prosecution case in the F.I.R.

Considering the facts and circumstances of the case and the petitioner has no criminal antecedent, let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Shri Sankash Chandra, J.M. 1st Class, Samastipur, in Pusa P.S. Case No.64 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Anjana Mishra, J) AnilKrSinha/- U T