Rajesh Poddar @ Rajesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57243 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== Rajesh Poddar @ Rajesh Son Of Late Chandi Poddar Resident Of Village South Marar Ward No 05, Ps- Morkahi, Dist- Khagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34, of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the allegation against the accused persons including the petitioner is that they came and upon order of the petitioner they started assaulting the informant's father due to which his father sustained injuries and died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is mere an order giver and due to village politics he has falsely been implicated in this case. The informant is not

Patna High Court CR. MISC. No.57243 of 2023(2) dt.31-08-2023 2/2 an eye witness of the alleged occurrence and no specific allegation of levelled against the petitioner rather general and omnibus allegation levelled against him. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 40897 of 2023. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Markahi P.S. Case No. 22 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T