Deepak Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83698 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

DEEPAK PODDAR SON OF GAURISHANKAR PODDAR RESIDENT OF VILLAGE - KARANGARH, POLICE STATION - CHANDRAMANDI, DISTRICT - JAMUI 2.

GAURISHANKAR PODDAR SON OF LATE HURO PODDAR RESIDENT OF VILLAGE - KARANGARH, POLICE STATION - CHANDRAMANDI, DISTRICT - JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard Mr. Akhauri Kamal Kishore Sahay, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 448, 323, 341, 307, 379, 506, 354A, 504/34 of the IPC.

3.

Allegedly, petitioner no.1 is said to have assaulted the father of the informant by means of iron rod on his head and back and petitioner no.2 along with other accused pelted bricks stone at the house of informant.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.83698 of 2023(2) dt.09-01-2024 2/2 They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. Parties are agnates and there is admitted land dispute between them. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injuries, which are simple in nature. Petitioners have one criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chandramandi P.S. Case No.155 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T