Ram Niwas Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7285 of 2019 Arising Out of PS. Case No.-60 Year-2017 Thana- PHULWARIA District- Begusarai ====================================================== RAM NIWAS PODDAR Son of Late Ram Naresh Poddar @ Dhabbu Poddar Resident of Village - Sokahara-2 Ward No.- 4, P.s.- Fulwaria, Dist.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Fulwaria P.S. Case No. 60 of 2017 registered for the offence punishable under Sections 387, 307 of the Indian Penal Code and 3⁄4 of the Explosive Substance Act. It is alleged that there was explosion in the godown of the informant and the Munsi of the informant sustained injury and there was allegation of demand of extortion made by the named co-accused.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case only on the basis of confessional statement of co-accused

Patna High Court Cr.Misc. No.7285 of 2019(2) dt.18-02-2019 2/3 Rajiv Yadav who has already been granted bail by this Hon'ble court vide order dated 18.12.2018 passed in Cr. Misc. No. 75456 of 2018 and other co-accused, namely Sahdeo Mahton, Chandan Yadav, and Satyam Kumar have been granted bail by this Hon'ble court vide order dated 13.07.2017 passed in Cr. Misc. No. 32423 of 2017, order dated 11.08.2017 passed in Cr. Misc. No. 31791 of 2017 and order dated 01.11.2018 passed in Cr. Misc. No. 64844 of 2018. Petitioner is in custody since 30.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Begusarai, in connection with Fulwaria P.S. Case No. 60 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or

Patna High Court Cr.Misc. No.7285 of 2019(2) dt.18-02-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T