Krishna Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28547 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- AMARPUR District- Banka ====================================================== Krishna Poddar, Aged about 30 Yrs, (M), Son of Late Manohar Poddar, Resident of Village - Lakhanpur, P.S. Tatarpur, District- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2020 Heard Mr. Anshu Dhar Sharma, learned counsel for the petitioner and Mr. Narsingh Tanti, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Amarpur P.S. Case No. 58 of 2020 registered for the offence under Section 120 (B) / 302 / 328 / 34 of the I.P.C. The allegation as per the First Information Report is that on 22.01.2020 the husband of the informant arrived at his residence and informed that he was having Picnic with Birendra Singh and other accused persons including the petitioner and others and told that all the accused persons had arranged Picnic and after some time the husband of the informant became serious and was brought to Amarpur Referal Hospital by car and the doctor after examining him has declared the husband of
Patna High Court CR. MISC. No.28547 of 2020(3) dt.22-12-2020 2/3 the informant as 'brought dead'.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case as an afterthought inasmuch as the occurrence has allegedly taken place on 22.01.2020 and the F.I.R. has been lodged after a delay of 04 days on 26.01.2020. Learned counsel further submits that post- mortem examination of the dead body was done on 23.01.2020 and after the post-mortem examination the present F.I.R. has been lodged by the informant on 26.01.2020. Learned counsel further submits no material has come against the petitioner to connect him with the present offence and the petitioner is in custody since 29.01.2020.
On the other hand, learned counsel for the State referring to the case diary submits that the cause of death has not been mentioned in the post-mortem report and opinion regarding the same is reserved awaiting viscera report. Having regard to the submissions made by the parties and taking into consideration the materials available on record the fact that there is considerable delay in lodging the F.I.R., the F.I.R. has been lodged after the post-mortem examination and the petitioner is in custody since 29.01.2020 , I am inclined to
Patna High Court CR. MISC. No.28547 of 2020(3) dt.22-12-2020 3/3 grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka / court concerned in connection with Amarpur P.S. Case No. 58 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T