Mukesh Poddar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16246 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -BANGAON District- SAHARSA ======================================================

1. Mukesh Poddar S/o Late Chandeshwari Poddar

2. Rajesh Poddar @ Rajesh Kumar Poddar Both S/o Late Chandeshwari Poddar and Both R/o Bariyahi Bazar, P.S.-Bangaon, District-saharsa .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ajit Kumar, Advocate.

For the Opposite Party : Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2017 Heard both sides.

The petitioners apprehend their arrest in Bangaon P.S. Case No. 97 of 2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant named the petitioners along with others and alleged that the petitioners and some unknown persons were removing the pillars. When the informant and his men went to the place of occurrence and forbade them, Mukesh Poddar, petitioner no. 1 is alleged to have fired. When the informant saved, himself, Rajesh Poddar petitioner no. 2 is alleged to have assaulted him with bricks which hit on his head.

Learned counsel for the petitioners submits that no firearm injury was found. The injury found on the head of the

Patna High Court Cr.Misc. No.16246 of 2017 (2) dt.28-04-2017 2/2 informant is simple in nature.

Considering the fact that there is specific allegation against the petitioners, that it was the petitioner no. 1 Mukesh Poddar who fired and thereafter Rajesh Poddar, petitioner no. 2 who assaulted the informant with bricks, which hit on his head, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T