Sanjay Poddar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74075 of 2018 Arising Out of Case No.-110 Year-2018 PATNA COMPLAINT CASE District- Patna ======================================================
1. Sanjay Poddar S/o Sri Purushottam Poddar, Resident of Back Side of Chowk Police Station, Jhauganj, P.S.- Chowk, Patna City, District- Patna.
2. Anil Sultaniya @ Anil Kumar, S/o Late Ram Lal Sultaniya, Resident of Keshav Rai Gali, P.S.- Chowk, Patna City, District- Patna.
3. Manoj Didwaniya, S/o Hanuman Prasad Didwaniya, Resident of Jhauganj, P.S.- Chowk, Patna City, District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Suresh Poddar, S/o Late Baij Nath Poddar, Resident of Village- Ghagha Gali, Patna City, P.S.- Khajekalan, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Agrawal For the Opposite Party/s :
Mr.Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-01-2019 Heard both sides.
The petitioners apprehend their arrest in Complaint case No. 110 of 2018 registered under Section 379, 323, 342 of the Indian Penal Code.
Earlier the complainant lodged Khajekalan P.S. case No. 249 of 2016 alleging therein that petitioners and others came and took away 105 bags of nuts and bolts making allegation that those are stolen articles. The accused persons also assaulted the informant. It is submitted that police after investigation submitted final for finding the case false but the informant lodged protest petition after acceptance of final form
Patna High Court Cr.Misc. No.74075 of 2018(4) dt.24-01-2019 2/2 and the case proceeded on protest petition.
Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that police after investigation submitted final form finding the case false against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub divisional Judicial Magistrate, Patna City, Patna in connection with Complaint Case No. 110 of 2018, arising out of Khajekalan P.S. Case No. 249 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T