Patna High Court
Raju Kumar vs The State Of Bihar on 25 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28095 of 2020
Arising Out of PS. Case No.-32 Year-2020 Thana- BEERPUR District- Begusarai
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1. Raju Kumar, aged about 25 years (Male)
2. Chandan Kumar, aged about 22 years (male), both son of Umesh Poddar,
3. Dewraj Poddar, aged about 20 years (Male), son of Jhanjhat Poddar,
4. Ram Nihor Poddar, about 40 years (Male),
5. Umesh Poddar, aged about 55 years (Male), both son of late Bhola Poddar,
all resident of Village- Laxmipur, P.S.- Birpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Braj Bhushan Poddar, Advocate
For the State : Mr. Md. Aslam Ansari, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 25-01-2021
The matter has been heard via video conferencing.
2. Heard Mr. Braj Bhushan Poddar, learned counsel
for the petitioners and Mr. Md. Aslam Ansari, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
3. The petitioners apprehend arrest in connection with
Birpur PS Case No.32 of 2020 dated 20.03.2020, instituted
under Sections 147/148/149/307/504/506/120-B of the Indian
Penal Code and 27 of the Arms Act, 1959.
4. The allegation against the petitioners is that they
had assembled with firearms and co-accused, Jhanjhat Poddar
Patna High Court CR. MISC. No.28095 of 2020 dt.25-01-2021
@ Ram Ratan Poddar had fired on the informant, causing injury
on his hand and left leg.
5. Learned counsel for the petitioners submitted that
the parties are agnates and there is long standing dispute for
which cases and counter cases have been filed earlier also.
Learned counsel submitted that the only allegation against the
petitioners is that they had also come with firearms, but there is
no overt act alleged against them and the said is only against co-
accused, Jhanjhat Tiwari @ Ram Ratan Poddar.
6. Learned APP submitted that the petitioners had
come with firearms and, thus, their intention was also not clean.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs.25,000/- (twenty five thousand) each
with two sureties of the like amount each to the satisfaction of
Smt. Minna Kumari, JM, 1st Class, Begusarai, in Birpur PS Case
No.32 of 2020, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973, and further (i)
that one of the bailors shall be a close relative of the petitioners,
(ii) that the petitioners and the bailors shall execute bond with
Patna High Court CR. MISC. No.28095 of 2020 dt.25-01-2021
regard to good behaviour of the petitioners, and (iii) that the
petitioners shall also give an undertaking to the Court that they
shall not indulge in any illegal/criminal activity, act in violation
of any law/statutory provisions, tamper with the evidence or
influence the witnesses. Any violation of the terms and
conditions of the bonds or the undertaking shall lead to
cancellation of their bail bonds. The petitioners shall cooperate
in the case and be present before the Court on each and every
date. Failure to cooperate or being absent on two consecutive
dates, without sufficient cause, shall also lead to cancellation of
their bail bonds.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
