Dablu Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69509 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Dablu Poddar S/o Late Vishwanath Poddar R/O- Kadrabad, P.S- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2025 Heard Mr. Shashank Shekhar, learned counsel for the petitioner and Mr. Ram Sevak Choudhary, learned APP for the State.
2. The petitioner is apprehending arrest in connection with Bachhwara P.S. Case No. 253 of 2023 instituted under Sections 302, 120(B) and 34 of the Indian Penal Code lodged on 19.08.2023 by the informant, Usha Devi.
3. As per the prosecution story, the lady alleged that the accused persons under conspiracy killed her husband, Baiju Poddar and tried to make it a case of suicide by putting a knot around the neck. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that as the informant and daughter had left the deceased, depressed he committed suit but different colour has been given. He further
Patna High Court CR. MISC. No.69509 of 2024(2) dt.10-01-2025 2/3 submits that co-accused Arjun Poddar and Archana Devi have been extended relief in Cr. Misc. No. 5644 of 2024 and Cr. Misc. No. 8867 of 2024 respectively.
5. Learned APP opposes the prayer for bail.
6. Considering the fact that similar placed co-accused have been extended relief, as stated above, do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Bachhwara P.S. Case No. 253 of 2023 to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.69509 of 2024(2) dt.10-01-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T