Resham Poddar @ Resham Lal Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50834 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- GWALPARA District- Madhepura ====================================================== Resham Poddar @ Resham Lal Poddar S/o Late Shatrugn Poddar R/o vill - Jhanjhri, ward no. 13, P.S.- Gwalpara, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pooja Prasad, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2025 Heard Ms. Pooja Prasad, learned counsel for the petitioner and Ms. Renu Kumari. learned APP for the State.

2. The petitioner seeks bail in connection with Gwalpura P.S. Case No. 57 of 2025 instituted for the offences punishable under Sections 329(3), 303(2), 131, 74, 352, 351(3) of B.N.S. and Section 37 of the Bihar Prohibition and Excise Amendment Act.

3. The prosecution case, in short, is that petitioner in Drunken State, abused the informant's daughter and threatened her. Later, he entered into Ruchi Devi's courtyard, abused and dragged her by hair.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this

Patna High Court CR. MISC. No.50834 of 2025(2) dt.31-07-2025 2/3 case. No incriminating material has been recovered from the conscious possession of the petitioner. It is submitted that occurrence took place in open and public place among mob where no one can dare to commit such occurrence as alleged in the first information report. It is further submitted that another allegation of misbehave with Ruchi Devi is totally in-correct and false. In courtyard there are family members of Ruchi Devi were present and no one can dare to enter in courtyard and to misbehave with a woman in presence of family members. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 03.03.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on

Patna High Court CR. MISC. No.50834 of 2025(2) dt.31-07-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gwalpara P.S. Case No. 57 of 2025, subject to the following conditions:

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

(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) Raj Ranjan/- U T