Bishambhar Poddar @ Vishwambhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57674 of 2019 Arising Out of PS. Case No.-416 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Bishambhar Poddar @ Vishwambhar Kumar, Son of Late Raja Ram Poddar Resident of Ward No.- 22, Marwari Mohalla, P.S.- Town (Ratanpur O.P), District- Begusarai.

2.

Vishwajeet Poddar @ Bishwajeet Kumar, Son of Late Raja Ram Poddar Resident of Ward No.- 22, Marwari Mohalla, P.S.- Town (Ratanpur O.P), District- Begusarai.

3.

Tribhuwan Poddar @ Tri Bhuwan Poddar @ Tribhuwan Kumar, Son of Late Raja Ram Poddar Resident of Ward No.- 22, Marwari Mohalla, P.S.- Town (Ratanpur O.P), District- Begusarai.

4.

Indrajeet Poddar @ Indrajeet Kumar, Son of Late Raja Ram Poddar Resident of Ward No.- 22, Marwari Mohalla, P.S.- Town (Ratanpur O.P), DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Begusarai Town P.S. Case No.416 of 2019 (Ratanpur O.P.) for the offence punishable under Sections 341, 323, 387, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioners as per the First Information Report is that while the informant was ejecting wall, the petitioners objected the informant from constructing

Patna High Court CR. MISC. No.57674 of 2019(2) dt.12-09-2019 2/3 the boundary wall and abused him and also demanded a sum of Rs.2 lakhs for construction of boundary wall and also threatened the informant that they would kill the informant. Mr. S. K. Lal, learned counsel appearing for the petitioners submits that petitioners and informant are neighbours, as would be evident from the First Information Report itself. Learned counsel further submits that various civil cases are pending between the parties inasmuch as Title Suit No.95 of 2006 and 45 of 2019 are pending before the Court of Sub Judge, Begusarai. Learned counsel further submits that no injury has been caused to anybody in the said occurrence. After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are neighbours and there are civil suits which are pending between them, as such, I am inclined to grant anticipatory bail to all the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.57674 of 2019(2) dt.12-09-2019 3/3 each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T