Raju Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32314 of 2018 Arising Out of PS.Case No. -529 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Raju Poddar S/o Chunnihal Poddar, R/o Vill.- Khuskibag, P.S.- Sadar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Adv. For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2018 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner, in the present case is seeking regular bail in connection with Sadar P.S. Case No. 529 of 2017, registered for offences alleged under Sections 147, 148, 149, 341, 323 and 302 of the Indian Penal Code and under Section 27 of the Arms Act. Learned counsel for the petitioner submits that on perusal of the First Information Report (Annexure-1) it would appear that there is specific allegation of assault against co-accused Birendra Kumar Choudhary. So far as this petitioner is concerned, there is no allegation of assault against this petitioner. Even though he has been made accused on suspicion in six others cases, however, in all those cases, he is on bail. It is submitted that the petitioner has

Patna High Court Cr.Misc. No.32314 of 2018 (2) dt.12-06-2018 2/2 been falsely implicated in the present case only on mere suspicion. Pointing out from Annexure- 3 learned counsel submits that the co-accused Mohit Choudhary has been granted privilege of regular bail by a Co-ordinate Bench of this Court.

Learned APP for the State is present and has opposed the prayer for bail. However it is not in dispute that in the FIR the specific allegation is against co-accused Birendra Choudhary and not against this petitioner.

Considering this aspect of the matter that there is no specific allegation of firing against the petitioner and that he is in custody since 23.02.2018, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Purnea, in connection with Sadar P.S. Case No. 529 of 2017, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T