Patna High CourtCR. MISC./1627/2018bail granted

Kailash Poddar v. The State Of Bihar

2018-02-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1627 of 2018 Arising Out of PS. Case No.-66 Year-2017 Thana- GWALPARA District- Madhepura ====================================================== Kailash Poddar S/o Vidya Nand Poddar, R/o Vill.- Jhanjhari, P.S.- Gwalpara, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. SRI BISHESHWAR RAM ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Gwalpara P.S. Case No. 66 of 2017 registered for the offence punishable under Sections 302/34, 120B of the Indian Penal Code and under Section 27 of the Arms Act. Informant is the widow of deceased who in her FIR has stated that her husband used to sleep in front of the house of Ashok Poddar and on 15.05.2017 while he was sleeping alongwith Ramesh and Kunal at 12.30 in the night he was shot and killed. She has further alleged that Kailash Poddar, Resham Lal Poddar. Ashok Poddar and Abhilash Poddar in a conspiracy has killed her husband due to some dispute in money

Patna High Court Cr.Misc. No.1627 of 2018(3) dt.07-02-2018 2/2 transaction.

Learned counsel for the petitioner submitted that petitioner has been falsely implicated in this case and there is no eye witness of the occurrence. It has been further submitted that co-accused namely, Ashok Poddar and Abhilash Poddar have already been granted regular bail by the court below vide order dated 07.07.2017 passed in B.P. No. 554 of 2017. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 30.10.2017. 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 J.M., 1st Class, Udakishanganj, District- Madhepura, in connection with Gwalpara P.S. Case No. 66 of 2017.

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