Dabloo Poddar @ Rakesh Kr. Poddar @ Rakesh Poddar @ Rakesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82993 of 2024 Arising Out of PS. Case No.-327 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Dabloo Poddar @ Rakesh Kr. Poddar @ Rakesh Poddar @ Rakesh, Son of Late Endrashan Poddar, Resident of Village - Barkope Deru, P.O. - Dhoraiya, Police Station - Dhoraiya, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and Mr.Ram Anurag Singh, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dhoraiya P.S. Case No. 327 of 2024 instituted for the offence under Sections 126(2) (341 IPC), 115(2) (323 IPC), 221 (186 IPC), 109(1) (307 IPC), 132(353 IPC), 121(1) (332 IPC), 352(504 IPC) and 351(2) (506 IPC) of Bharatiya Nyay Sanhita.
3. The case of the prosecution is that police had information that the petitioner is dealing in-prohibited cough syrup. On this information, police reached the house of the petitioner and found that certain persons started fleeing away. It is further alleged that the petitioner and 8-10 other persons
Patna High Court CR. MISC. No.82993 of 2024(2) dt.11-12-2024 2/3 intervened in the seizure work and stopped the police from doing it. It is also alleged that they also abused and assaulted the police force. It has also been alleged that this petitioner fled away behind the house having something in a gunny bag.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the reason of the case is in the F.I.R. itself that the petitioner and others have protested due to the problem of electricity. There is no specific allegation of assault against this petitioner. He is having antecedent of three cases and in that cases he is on bail.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dhoraiya P.S. Case No. 327 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.82993 of 2024(2) dt.11-12-2024 3/3 to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) lata/- U T