Patna High CourtCR. MISC./53682/2016bail granted

Prashant Poddar @ Prashant Kumar v. The State Of Bihar

2017-01-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53682 of 2016 Arising Out of PS.Case No. -481 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Prashant Poddar @ Prashant Kumar, Son of Late Mahesh Poddar, resident of Gadaiya Mundichak, P.S.- Tilkamanjhui, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Kotwali (Tilkamanjhi) P.S. Case No. 481 of 2016 for the offence punishable under section 307/34 of the I.P.C and section 27 of the Arms Act. The petitioner is named in the FIR along with Raja Mandal and 2-3 unknown persons with the allegation that they shot the son of the informant causing injury. During investigation the injured has given his statement wherein he has stated, vide paragraph-38 of the case diary, that Raja Mandal shot him, other witnesses have also stated similarly.

Patna High Court Cr.Misc. No.53682 of 2016 (3) dt.19-01-2017 2/2 Submission is of false implication and that Raja Mandal is the assailant and not the petitioner, the petitioner has not committed any overt-act and as such he deserves sympathetic consideration.

The learned A.P.P. fairly submits that Raja Mandal is the assailant and he has injured Ritik Kumar, the son of the informant.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Bhagalpur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T