Reshamlal Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14563 of 2022 Arising Out of PS. Case No.-66 Year-2017 Thana- GWALPARA District- Madhepura ====================================================== RESHAMLAL PODDAR Son of Shatrughan Poddar, Resident of Village - Jhanjhri, P.S. - Gwalpara, Dist. - Madhepura. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.T. No. 23 of 2021, Gwalpara P.S. Case No. 66 of 2017 lodged under Sections 302/34 and 120B of the Indian Penal Code read with Section 27 of Arms Act.

As per the F.I.R., the informant disclosed that her husband used to sleep in front of the house of Ashok Poddar, while he was sleeping alongwith Rames and Kunal then in the night he was shot dead. The informant alleged that Kailash Poddar, Reshamlal Poddar (Petitioner), Ashok Poddar and Abhilal Poddar killed her husband under a conspiracy due to dispute in money transaction.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.14563 of 2022(2) dt.06-07-2022 2/2 petitioner has been falsely implicated in this case and none is eye-witness. He further submits that Kailash Poddar, co-accused has been granted bail vide order dt. 07..02.2018 in Cr. Misc. No. 1627 of 2018 by the Co-ordinate Bench of this Court. He further submits that petitioner is accused in two more cases but in both the cases he is on bail.

From the order sheet, it appears that the petitioner is in custody since 18.10.2017. It also transpires from the order sheet that till date charge could not be framed in this case as such learned Court is directed that once the charge is framed, he shall release the petitioner on bail to his satisfaction. The Trial Court is also directed not to bifurcate the case of the petitioner.

The petitioner is directed to appear on each and every date physically after grant of bail.

(Dr. Anshuman, J.) ravishankar/- U T