Shyam Poddar @ Shyam Paudar @ Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17174 of 2024 Arising Out of PS. Case No.-419 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== SHYAM PODDAR @ SHYAM PAUDAR @ SHYAM KUMAR S/O MAHESH PODDAR @ MAHESH PAUDAR R/O VILLAGE- MANNIPUR, P.S- WARIS NAGAR, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rohit Raj For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Waris Nagar P.S. Case No.419 of 2023 registered for the offence under Sections 279 of 304 of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of son of the informant by means of rash and negligent driving of E-rickshaw.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that son of the informant has suddenly came in front of E-Rickshaw and met with the accident and there is no intention to kill the son of the

Patna High Court CR. MISC. No.17174 of 2024(3) dt.25-04-2024 2/2 informant. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 05.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

In view of the submissions, as made above, as it appears from perusal of postmortem report that cause of death is due hemorrhages and shock due to left lung injuries caused by hard and blunt substance and as it appears from case diary and other circumstances that this petitioner was in full knowledge about causing death of the deceased, this Court is not inclined to grant bail to the petitioner, at present. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Learned trial court is directed to conclude the trial within a period of 06 (six) months from the date of receipt of a copy of this order and if the trial could not be concluded within specified period, the petitioner would be at liberty to renew the prayer for bail of the petitioner.

(Ramesh Chand Malviya, J) S.Katyayan/- U T