Deepak Poddar @ Dipak Kumar Poddar @ Santosh Poddar @ Deepak v. The State of Bihar Bihar
Case at a glance
- Bench
- CHANDRA PRAKASH
Outcome
Allowed
This application stands allowed
Provisions considered
- Indian Penal Code, 1860 s. 34
- Arms Act, 1959 s. 27
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 77. This application stands allowed. guddukr/- U T (Chandra Prakash Singh, J)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr.Pritish Kumar Lal Mr.Nirmala Kumari ORAL ORDER 2 15-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case in connection with Bachwara P.S. Case No. 342 of 2022 dated
24.12.2022 registered for the offence/s punishable u/ss 341, 323, 307, 379, 504 and 506 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, the petitioners and the co- accused persons are alleged to have abused the informant and his brothers. It is further alleged that the petitioners took the pistol out from their waists and started firing and they also assaulted the informant and his brothers with the butt of pistol, and iron rod causing injury. They also took out Rs. 5500/- from the galla of his Patna High Court CR. MISC. No.20505 of 2024(2) dt.15-04-2024 shop.
Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is case and counter case between the parties. It is further submitted that no one sustained fire arm injury. It is further submitted that the informant and his brothers sustained injuries which are simple in nature. The petitioner no. 1 has three criminal antecedents and the petitioner no. 2 has no criminal antecedents as stated at para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
Considering the aforesaid facts and circumstances of the case as well as injury being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Begusarai in connection with Bachwara P.S. Case No. 342 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Operative part
This application stands allowed. guddukr/- U T (Chandra Prakash Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 34; Arms Act, 1959 — s. 27; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.