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Patna High CourtCR. MISC./68145/2024bail granted

Yogendra Poddar v. The State Of Bihar

2024-10-01Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68145 of 2024 Arising Out of PS. Case No.-212 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Yogendra Poddar Son of Late Kokaiy Poddar R/O Village- Sukhashan, Ward No.5, PS- Singeshwar, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

:

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Bam Bahadur Jha, Adv.

For the State :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-10-2024 Heard Learned Senior Counsel Mr. Krishna Pd. Singh with Learned Counsel Mr. Bipin Kumar for the petitioner, learned A.P.P. for the State and Learned Counsel for the Informant.

2. The petitioner seeks regular bail in connection with Singeshwar P.S. Case No.212 of 2024 lodged dated 24.06.2024 under Sections 341, 504, 384, 324, 307, 506/34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner against whom there is allegation of demand of ransom of Rs.50,000/- and due to non-payment, killing of wife of the informant is there.

Patna High Court CR. MISC. No.68145 of 2024(2) dt.01-10-2024 2/3

4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has falsely been implicated in this case due to dirty village politics.

5. Learned Senior Counsel submits that the petitioner's name has figured in this case only due to the reason that Accused No.1 is son of the petitioner.

6. Learned Senior Counsel for the petitioner submits that petitioner is in custody since 25.06.2024 having one criminal antecedent in which he is on bail and charge-sheet has already been submitted in this case. He further submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that from the contents of F.I.R., it becomes clear that the petitioner is the kingpin and under his guidance, a group used to function and he has threatened that on his target, there are 17 persons.

8. Learned Counsel for the State opposes the prayer for bail and submits that in the F.I.R., there is allegation of ransom and murder against him.

9. Upon specific query whether charge has been

Patna High Court CR. MISC. No.68145 of 2024(2) dt.01-10-2024 3/3 framed or not. Learned Senior Counsel submits that as per his knowledge, charge has not been framed till date.

10. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but 4 months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Singeshwar P.S. Case No.212 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T