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Patna High CourtCR. MISC./48949/2024bail granted

Guddu Kumar Poddar @ Guddu Poddar v. The State Of Bihar

2024-12-11Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48949 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== 1.

Guddu Kumar Poddar @ Guddu Poddar son of Nathuni Poddar @ Nathan Poddar Village- Pamgara Hatt W.No- 6, Ps- Dhamdaha Dist- Purnea 2.

Nathuni Poddar @ Nathan Poddar son of Late Bharat Lal Poddar VillagePamgara Hatt W.No- 6, Ps- Dhamdaha Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-12-2024 Heard learned Counsel for the petitioners and Learned APP for the State.

2. The petitioners seeks bail in connection with Dhamdaha P.S. Case No. 293 of 2023 instituted for the offences punishable under Section 147/148/149/341/323,354,307,379,504,506 of the Indian Penal code.

3. As per the prosecution case, F.I.R. has been lodged against 11 named accused persons including the present petitioner against whom there is an allegation that the petitioner along with the other accused persons have assaulted the informant on his shop.

Patna High Court CR. MISC. No.48949 of 2024(4) dt.11-12-2024 2/3

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that they have one antecedent. He further submits that there is general and specific allegation upon the petitioners. Scuffling took place because of the earlier land dispute. He further submits that one of the accused persons has been granted bail by the co-ordinate Bench of this Court in Cr. Misc. No. 45687/2024.

5. Learned counsel for the State opposes the prayer for bail of the petitioner

6. From perusal of the F.I.R., impugned order it appears that there is general and specific allegation against the petitioner.

7. Considering the aforesaid facts and circumstances of the case and the submissions made on behalf of the petitioners, let the above named petitioners be released on bail in the event of his arrest or surrender before the trial Court within a period of six weeks from today on furnishing bail bond of Rs 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in

Patna High Court CR. MISC. No.48949 of 2024(4) dt.11-12-2024 3/3 connection with Dhamdaha P.S. Case no. 293/2023 subject to the condition laid down under Section 438(2) of Cr.P.C. (Ramesh Chand Malviya, J) Sunnykr/- U