Manoj Kumar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45909 of 2018 ======================================================

1. Manoj Kumar Poddar S/o- Late Krishn Poddar @ Krishan Poddar Resident of Village- Sahpur Undi, Police Station- Patori, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Ishteyaque Ahmad, Adv.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 The petitioner is in custody since 01.03.2018 in connection with Mohinuddin Nagar P.S. Case No. 18/2018, registered for offences punishable under Sections 302/201/120(B) of the Indian Penal Code.

Allegation against the petitioner is that with the help of other accused persons the petitioner has thrown the dead-body of the deceased in a field.

Submission of learned counsel for the petitioner is that even according to the F.I.R., at best, it is a case under Section 201 I.P.C. and not under Section 302 I.P.C.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that postmortem report shows death is due to hanging resulting into cardiac failure and as such defence of the

Patna High Court Cr.Misc. No.45909 of 2018 (3) dt.12-09-2018 2/2 case is not believable.

In view of the facts and circumstances as stated above, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. However, since he is in custody, learned trial Court is directed to expedite the commitment of case.

(Vinod Kumar Sinha, J) N.H./Amjad/- U T