Patna High Court - Orders
Sunil Poddar @ Sunil Kumar Poddar vs The State Of Bihar on 23 August, 2022
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45527 of 2021
Arising Out of PS. Case No.-99 Year-2021 Thana- UJIYARPUR District- Samastipur
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1. SUNIL PODDAR @ SUNIL KUMAR PODDAR Son of Bhupan Poddar
Resident of Village - Jawaharpur, P.S.- Ujiyarpur, Distt.- Samastipur.
2. Ashok Poddar @ Ashok Kumar Poddar Son of Ram Bilash Poddar Resident
of Village - Jawaharpur, P.S.- Ujiyarpur, Distt.- Samastipur.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
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with
CRIMINAL MISCELLANEOUS No. 48559 of 2021
Arising Out of PS. Case No.-99 Year-2021 Thana- UJIYARPUR District- Samastipur
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ANIL PODDAR @ ANIL KUMAR PODDAR S/o BHUPAN PODDAR R/o
VILLAGE-JAWAHARPUR, P.S-UJIYARPUR, DISTRICT-SAMASTIPUR.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 45527 of 2021)
For the Petitioner/s : Mr.Ranjit Kumar Thakur
For the Opposite Party/s : Mr.Jai Narain Thakur
(In CRIMINAL MISCELLANEOUS No. 48559 of 2021)
For the Petitioner/s : Mr.Ranjit Kumar Thakur
For the Opposite Party/s : Mr.Jai Narain Thakur
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 23-08-2022Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioners as well as Mr. J.N. Thakur learned APP for the State assisted by the Patna High Court CR. MISC. No.45527 of 2021(3) dt.23-08-2022 2/3 learned counsel for the informant.
The petitioners apprehend their arrest in connection with Ujiyarpur P.S. Case No. 99 of 2021, registered for the offences punishable under Sections 341, 323, 326, 307, 504, 506, 114/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that there is case and counter case. Both the parties have sustained injuries. Learned counsel for the petitioner has submitted that the allegation against petitioner Anil Poddar is that he assaulted Shambhu Patel who sustained simple injuries.
The learned counsel for the informant has submitted that injured Neeraj Kumar had sustained grievous injuries on his head. Though, there is specific allegation against co accused Dharmendra Kumar that he assaulted Neeraj Kumar on his head but there is also allegation against petitioner No. 2 Ashok Poddar that he was catching hold Neeraj Kumar while Dharmendra Kumar was assaulting him.
As such, Ashok Poddar, petitioner No. 2 is not entitled for the anticipatory bail. Accordingly, his prayer for anticipatory bail petition is rejected.
So far as rest petitioners are concerned, let them, in the event of their arrest or surrender within four weeks before Patna High Court CR. MISC. No.45527 of 2021(3) dt.23-08-2022 3/3 the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M Dalsinghsarai (Samastipur). in connection with Ujiyarpur P.S. Case No. 99 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) niku/Sonali/-
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