Fekan Poddar v. The State Of Bihar

Patna High Court Cr.Misc. No.47456 of 2015 (2) dt.09-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47456 of 2015 Arising Out of PS.Case No. -277 Year- 2014 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Fekan Poddar, Son of Late Ram Sagar Poddar, resident of VillageBelsandi Tara, P.S.- Bibhutipur, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Bibhutipur P.S. Case No. 277 of 2014, disclosing offences under Sections 302/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that deceased had died on 22.10.2014 in the Emergency Ward of Patna Medical College & Hospital. Immediately thereafter, the statement of the brother of the deceased, namely, Mithun Kumar Sahni was recorded by the police in which he did not make mention of any allegation of killing of the deceased. On the same day, the present First Information Report came to be instituted on the basis of the fardbeyan of the grand-mother of the deceased in which she has

Patna High Court Cr.Misc. No.47456 of 2015 (2) dt.09-11-2015 named persons who participated in the commission of the offence, including this petitioner.

Learned counsel for the petitioner submits that the institution of the First Information Report is motivated and is falsified by the statement of the brother of the deceased, recorded immediately after his death which has been brought on record by way of Annexure-4 to this application. Petitioner has no criminal antecedent as has been stated in paragraph 3 of the application. Considering the aforesaid submissions, this application is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. Kumar, learned Judicial Magistrate, Ist Class, Rosera at Samastipur in Bibhutipur P.S. Case No. 277 of 2014. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U