Patna High Court
Mani Kumar Poddar @ Mani Poddar vs The State Of Bihar on 5 April, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1336 of 2019
Arising Out of PS. Case No.-713 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai
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MANI KUMAR PODDAR @ MANI PODDAR Son of Late Sunil Poddar,
Resident of Village-Malgodown Behind Kamal Cinema Hall, P.S.-Town,
District-Khagaria, Presently Residing of C/o Mahesh Poddar, Resident of
Mohalla-Lohiyanagar, Panhas, Ward no.28, P.S-Muffasil, District-Begusarai,
Pin-851218
... ... Appellant/s
Versus
The State of Bihar Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Sandip Kumar Gautam
For the Respondent/s : Mr.Sadanand Paswan
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL JUDGMENT
Date : 05-04-2019 Heard the parties.
The appellant is apprehending his arrest in connection with Town P.S.Case No.713 of 2018 dated 1.12.2018 , registered for offences punishable under Sections 147, 148, 149, 323, 302, 324, 379, 506 of the Indian Penal Code and Section 3(1)(r)
(s)/3(2)(v-a) of SC/ST (Prevention of Atrocities) Act.
Allegation against the appellant and others is of intercepting the brother of the informant and assaulting the informant and the brother of the informant died due to that .
Submission of the learned counsel for the appellant is that the specific allegation of firing is against Rahul Srivastava and thee is no allegation of assault against this appellant to the deceased and the is allegation against the appellant of assault to the informant and others and the injuries are simple in nature.
Patna High Court CR. APP (SJ) No.1336 of 2019 dt.05-04-2019 2/2 Heard learned Special P.P., who has opposed the prayer for bail on the ground that the case is under Section 302 of the IPC and the appellant is named in the FIR and there is allegation the appellant also of assault; though not to the deceased but to the informant.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant privilege of anticipatory bail rather let the appellant surrender before the learned Special Judge within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned special judge on its own merit without being prejudiced by the order of this Court.
Accordingly, this appeal is dismissed.
(Vinod Kumar Sinha, J) chn/-
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