Gurushankar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69293 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== Gurushankar Poddar S/O Late Guneshwar Poddar R/O Village- Marar South, P.S- Morkahi, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, allegation against the accused persons including this petitioner is that they came and upon the order of co-accused person, they started assaulting the informant's father due to which his father sustained injuries and died.

4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any specific overt act of assaulting against the petitioner only because he being the

Patna High Court CR. MISC. No.69293 of 2023(2) dt.02-11-2023 2/2 member of mob, has been dragged in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by this Court vide Annexure-2 series of this petition. Moreover, the petitioner is languishing in judicial custody since 31.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Morkahi 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 Judicial Magistrate 1st Class, Khagaria. (Sunil Kumar Panwar, J) Shubham/- U T