Amar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43572 of 2016 Arising Out of PS.Case No. -51 Year- 2009 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Amar Poddar S/o late Rameshwar Poddar, resident of Village- Pahsara, PS- Naokothi, District Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sada Nand Roy, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 18.05.2016 in connection with Nawkothi P.S. Case No. 51 of 2009 for the offences alleged under Sections 304(B) and 201/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the brother of the husband of the deceased. The thrust of accusation is against coaccused Ghanshyam Poddar, the husband of the deceased and the accusations against the other accused persons including the petitioner are general and omnibus in nature. The said Ghanshyam Poddar as well as similarly situated accused Ram Nath Poddar @ Ramjee Poddar have been granted bail by this Court in Cr. Misc. No. 52167 of 2014 and Cr. Misc. No. 5722 of 2010 respectively.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with

Patna High Court Cr.Misc. No.43572 of 2016 (2) dt.24-10-2016 2/2 Nawkothi P.S. Case No. 51 of 2009, with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T