Hemant Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19222 of 2017 Arising Out of PS.Case No. -158 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ====================================================== Hemant Poddar, son of Raju Poddar, Resident of Village - Lawapur, Police Station - Mahnar, District - Vaishali.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shyamal Prakash, Advocate For the Opposite Party : Smt. Asha Devi (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mahnar P.S. Case No. 158 of 2016, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

Allegedly, Shivam Kumar the son of the informant was found dead hanging in busbutti and 20 days ago the petitioner and other co-accused have come at the door of the informant and were searching Shivam Kumar to kill him and further they were abusing and thereafter the son of the informant fled away from the house and then his dead body was found.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.19222 of 2017 (3) dt.03-07-2017 2/2 petitioner is the gotia of the informant, due to suspicion he has been implicated, the son of the informant was traceless for last 20 days but no Sanha or information was lodged to anywhere and thereafter his dead body was recovered, it reveals that the son of the informant has committed suicide himself and the petitioner has been implicated and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that against the petitioner there is no legal and cogent material besides suspicion and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned VIth Additional Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 158 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T