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Patna High CourtCR. MISC./1529/2017bail granted

Ramchandra Poddar v. The State Of Bihar

2017-01-17Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1529 of 2017 Arising Out of PS.Case No. -325 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Ramchandra Poddar, S/o Late Bulan Poddar, Resident of VillageBikrampur, P.S.- Tajpur Halai, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Tajpur (Halai O.P.) P.S. Case No. 325/2016, registered for the offences punishable under Sections 147, 148, 341, 323, 324, 221, 222, 332, 333, 353 and 504 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused, named in the First Information Report, got freed Alok @ Gauri Shankar Poddar from police custody after attacking on the police force and also after biting in the right hand of chaukidar Dinesh Rai. Submission is of false implication and that Halai O.P. P.S. Case No. 141/2016 was lodged by one of the relative of the petitioner, so there was no occasion to get free that accused. The

Patna High Court Cr.Misc. No.1529 of 2017 (2) dt.17-01-2017 2/2 petitioner is in custody since 27.10.2016 and now he has been sufficiently penalized by remaining in custody. There is no specific allegation against him.

Learned A.P.P. submits that the petitioner is named in the FIR.

In the facts and circumstances stated above and considering the custody of the petitioner, now the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No. 325/2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rakhi U T