Allowed¶23

Harilal Poddar @ Hari Poddar v. the State of Bihar

Patna HC15 Apr 2024CR. MISC./18222/2024

Case brief

AI extract

What is this about?

Anticipatory bail allowed; Patna High Court; Justice Satyavrat Verma; CR. MISC. No.18222 of 2024; order dated 15-04-2024; Kharik P.S. Case No. 261 of 2023; District Bhagalpur; Sections 341, 323, 307, 354, 379, 504, 506/34 IPC; Section 438(2) Cr.P.C.; bail bond Rs.10,000 with two sureties; petitioner no. 2 a 21-year-old student; State of Bihar opposed through A.P.P.; advocates Brajesh Kumar Singh (petitioners) and Shantanu Kumar (State).

What did the court decide?

Anticipatory bail: petitioners to be released on bail in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C. ¶23

Harilal Poddar @ Hari Poddar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in Kharik P.S. Case No. 261 of 2023 registered for offences under Sections 341, 323, 307, 354, 379, 504 and 506/34 IPC, are entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned court below within six weeks, the petitioners are to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

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Ratio / Principle

The grant of anticipatory bail rests on the submissions of counsel for the petitioners and the fact that petitioner no. 2 is a young boy aged about 21 years and is a student.

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Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), by order dated 15-04-2024 in CR. MISC. No.18222 of 2024, allowed the prayer for anticipatory bail of two petitioners (petitioner no. 2 being the son of petitioner no. 1) who apprehended arrest in Kharik P.S. Case No. 261 of 2023, Thana Kharik, District Bhagalpur, registered for offences punishable under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code. Considering the submissions made by learned counsel for the petitioners and the fact that petitioner no. 2 is a young boy aged about 21 years and is a student, the Court directed that in the event of their arrest or surrender before the learned court below within six weeks, the petitioners be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The learned A.P.P. for the State had opposed the prayer.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18222 of 2024

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Arising Out of PS. Case No.-261 Year-2023 Thana- KHARIK District- Bhagalpur

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1. HARILAL PODDAR @ HARI PODDAR S/O- SRI KRISHNADEV PODDAR R/O- VILLAGE- MODI TOLA, KHARIK BAZAR, P.S.KHARIK, DIST.- BHAGALPUR.

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SUNNY KUMAR @ SUNNY PODDAR S/O- HARILAL PODDAR @ HARI PODDAR R/O- VILLAGE- MODI TOLA, KHARIK BAZAR, P.S.KHARIK, DIST.- BHAGALPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 15-04-2024

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Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are agnates of the informant and on account of dispute relating to land, the present occurrence is alleged to have taken place. It is further submitted that there is no specific allegation of assault against the petitioner no. 1, who is father of the petitioner no. 2 and the petitioner no. 2 is alleged to have assaulted the informant by an

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Patna High Court CR. MISC. No.18222 of 2024(3) dt.15-04-2024 2/3

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iron rod causing injury on his head. It is next submitted that no doubt the injury suffered by the injured is grievous in nature but then the blow was not repeated and in moment of anger, it appears that the petitioner no. 2 might have assaulted the informant. It is also submitted that petitioner no. 2 is a student and if he is sent to judicial custody, his entire career would be jeopardized and chances are bright that he may come in contact with the harden criminal which will further restrict his future prospect. Learned counsel relying on Annexure-3 to the supplementary affidavit submits that the relevant documents showing that petitioner no. 2 is a student has been brought on record which includes admit card of T.M. Bhagalpur University, Bhagalpur.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions made by the learned counsel for the petitioners and also the fact that petitioner no. 2 is a young boy aged about 21 years and is a student, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

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Patna High Court CR. MISC. No.18222 of 2024(3) dt.15-04-2024 3/3

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sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kharik P.S. Case No. 261 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Harilal Poddar @ Hari Poddar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Harilal Poddar @ Hari Poddar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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