Subodh Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55632 of 2016 Arising Out of PS.Case No. -229 Year- 2016 Thana -KODHA District- KATIHAR ====================================================== Subodh Poddar, son of Shailendra Poddar, resident of Village- Dayalpur, P.S.- Falka, District- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Korha P.S.Case No. 229 of 2016 registered for the offences punishable under Section 392 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner is not named in the FIR but later on his name has been disclosed and there is allegation that one Mobile phone is said to have been recovered from the possession of the petitioner and he is in custody since 28.10.2016.

Heard learned APP also, who has opposed the prayer for bail stating in paragraph-4 of the case diary the independent witness Munna has identified the petitioner at the time of occurrence and police has raided the house of the petitioner and

Patna High Court Cr.Misc. No.55632 of 2016 (4) dt.17-03-2017 2/2 one Mobile phone and Rs.18,000/- have been recovered from the house of the petitioner and petitioner has criminal antecedent also. Having heard both sides and in view of the allegation as well as the criminal antecedent of the petitioner, I am not inclined to grant him bail. Prayer for bail is rejected. However, considering the fact that petitioner is in custody, the trial court is directed to expedite the trial of the petitioner.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U