Patna High CourtCR. MISC./42700/2021bail granted

Kailash Poddar @ Kailash Kumar Poddar v. The State Of Bihar

2022-01-12Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42700 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- GWALPARA District- Madhepura ====================================================== Kailash Poddar @ Kailash Kumar Poddar S/o- Sri Bidyanand Poddar @ Vidyanand Poddar @ Vidanand Podar R/O Village - Jhanjhari (Jhajhri), P.S. - Gwalpara, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner and Shri Arvind Kumar Pandey, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks bail in connection with Gwalpara P.S. Case No. 10 of 2021 instituted for the offences under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 09.01.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of looting vehicle of informant by Sunny Kumar Yadav and Kailash Poddar (petitioner).

Learned counsel for the petitioner submits that nothing was recovered from the possession of the petitioner and he has been falsely implicated in the present case and there is no eye-

Patna High Court CR. MISC. No.42700 of 2021(2) dt.12-01-2022 2/2 witness to the alleged occurrence.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has got criminal antecedent of one case under Section 302 of the I.P.C. as mentioned in paragraph '3' of the bail application. Considering the fact that the petitioner is in custody since 09.01.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Udakishunganj, Madhepura in connection with Gwalpara P.S. Case No.

10 of 2021 with a condition that one of the bailors shall be the father of the petitioner and the petitioner will continue marking his attendance in the concerned police station in between 25-30 of every month commencing from January, 2022 till the charges are not framed, in the event it is reported by the concerned police station to the learned court below that the petitioner has not marked his attendance in between the aforesaid dates in any of the month before framing of charge, the court below will be at liberty to cancel his bail bonds.