Ram Binay Kumar Poddar @ Ram Binay Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57354 of 2019 Arising Out of PS. Case No.-668 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

RAM BINAY KUMAR PODDAR @ RAM BINAY PODDAR Son of Ram Nandan Poddar Resident of Village- Kaith, Tola- Chilhar, Police StationNeema Chandaura, District- Begusarai. 2.

Ram Narayan Poddar Son of Late Vishundev Poddar Resident of VillageKaith Tola- Chilhar, Police Station- Neema Chandaura, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Hira Poddar @ Hira Lal Poddar Son of Tiko Poddar Resident of VillageNarayan Pipra, P.S.- Khodawandpur Chaurahi O.P., District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Shandilya For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Town PS Case No.668/17, registered for offences punishable under Sections 406, 120(B), 323, 364, 302, 201/34 of the Indian Penal Code.

As per FIR there is allegation against the petitioner that the informant has given Rs.1,65,000/- to him for purchase of land and when he demanded he was not returning the same and thereafter the wife of the informant fell ill and she was treated at the hospital and thy were threatening to kill the informant.

Submission of the learned counsel for the petitioners is that earlier a case had been lodged by the petitioners against

Patna High Court CR. MISC. No.57354 of 2019(4) dt.05-11-2019 2/2 the informant which is pending and just to save their skin, the present case has been filed.

Heard learned A.P.P. also. It appears from the impugned order that the witnesses have not supported the case against the petitioners but in spite of that the learned Addl. Sessions Judge has rejected the prayer for anticipatory bail of the petitioners.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Town P.S.Case No.668 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U