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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32141 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SANTOSH PODDAR @ SANTOSH KUMAR PODDAR Son of Shankar Poddar Resident of Teghra Bazar, Teghra, P.S-Teghra, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Muffasil P.S. Case No. 471 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and Title Suit No. 02/2015 is pending in the Court of learned Munsif Ist, Begusarai. There is no injury report to corroborate the accusation of firing against the petitioner. A statement is made at the Bar that both the prior cases in which the petitioner is accused has been lodged by the informant's side.

4. Learned APP has not pointed out any objective material in the case diary against the petitioner.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner 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

Patna High Court CR. MISC. No.32141 of 2019(3) dt.08-08-2019 2/2 CJM, Begusarai, in connection with Muffasil P.S. Case No. 471 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall 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 co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T