Patna High CourtCR. MISC./40970/2023bail granted

Jitendra Poddar @ Jittu v. The State Of Bihar

2024-02-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40970 of 2023 Arising Out of PS. Case No.-81 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Jitendra Poddar @ Jittu Son of Late Mahesh Poddar Village- Kharjamma Ward No-5, PS- Mahnar Dist- Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahnar P.S. Case No. 81 of 2022 instituted for the offences under Sections 379, 411, 413, 414/34 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the police stopped three persons boarded on a motorcycle bearing no registration number. Thereafter, two accused persons fled away from there but, the driver was apprehended by the police who disclosed his name as Jitender Poddar @ Jittu (the petitioner). On search, one Katta and a cartridge was

Patna High Court CR. MISC. No.40970 of 2023(4) dt.26-02-2024 2/3 recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The prosecution case is false and concocted. The petitioner has altogether ten criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 30.03.2022. Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahnar P.S. Case No. 81 of 2022.

(i) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.40970 of 2023(4) dt.26-02-2024 3/3 (ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) rishi/- U T