Shivendra Poddar @ Siven Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54168 of 2015 Arising Out of PS.Case No. -265 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Shivendra Poddar @ Siven Poddar, son of Srichandra Poddar, Resident of Balwahat, Police Station Bakhtiyarpur, District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,323,427,379,504,506 and 354 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case is that on 6.7.2015 at 9.30 A.M., seven - eight persons came variously armed on Bolero vehicle and robbed thirty five thousand rupees from the cash box of the shop of the informant when protest was made, the informant was assaulted. On alarm being raised, the husband of the informant namely Shibu Ram came to rescue then co accused Rajesh Sah resorted to fire but it misfired, as a result no injury was

Patna High Court Cr.Misc. No.54168 of 2015 (2) dt.30-11-2015 2/2 caused. It is further alleged that the petitioner and co accused Pintu teased the informant.

It is submitted by the learned counsel for the petitioner that the petitioner next door neighbour of the informant and for the occurrence of 6.7.2015 at 9.30 A.M. the FIR was registered on 7.7.2015 at 10 A.M. More over, there is no recovery from the petitioner.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Bakhtiyarpur P.S. Case No. 265 of 2015 pending in the court of learned CJM, Saharsa. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T