Sanjay Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30052 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- ALOULI District- Khagaria ====================================================== SANJAY PODDAR S/o Laxmi Poddar R/o village- Shumbha Gazighat, P.S.- Alauli, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Binay Kumar, Advocate For the Opposite Party :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks bail in connection with Alauli P. S. Case No. 37 of 2019 registered under Sections 147, 148, 149 and 302 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submitted that altogether 14 persons have been named in the FIR. There is omnibus and general allegation against all except co-accused Saheb Chaudhari, who is alleged to have opened fire causing injury to Amit Poddar as a result of which he died. He contended that the petitioner was neither present at the place of occurrence nor has got any concern with the offence alleged but

Patna High Court CR. MISC. No.30052 of 2019(2) dt.22-05-2019 2/3 out of previous animosity, he has been named as an accused in the FIR. He is in custody since 23.02.2019.

Learned counsel for the State and learned counsel for the informant have opposed the prayer for grant of bail to the petitioner.

Considering the submission made above, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alauli P. S. Case No. 37 of 2019, subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to

Patna High Court CR. MISC. No.30052 of 2019(2) dt.22-05-2019 3/3 the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) kanchan/- U T