Sushant Poddar @ Ghanti @ Sushant Kumar @ Ghanti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78772 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- MANJHAUL District- Begusarai ====================================================== Sushant Poddar @ Ghanti @ Sushant Kumar @ Ghanti Kumar Son of Kamlesh Poddar @ Bablu village- Siuri, Ps- Manjhaul, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Manjhaul P.S. case No. 01 of 2024 instituted for the offences under Sections 341, 323, 325, 307, 385, 387, 34 of the Indian Penal Code and 27 of the Arms Act.
3.
Prosecution case, in short, is that when the informant and his son were knitting the rope to catch fish, the petitioner alongwith other accused persons came to the door and started assaulting them. It is further alleged that they demanded Rs. 50,000/- as extortion money. It is also alleged that petitioner has broken the teeth of son of the informant. 4.
Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.78772 of 2024(2) dt.30-10-2024 2/3 the petitioner has falsely been implicated in the present case. It is alleged that petitioner has broken the teeth of son of the informant. Learned counsel further submitted that no any firearm injury has been found on the body of the informant or his son, rather the injury sustained by them is simple in nature caused by hard and blunt substance. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.07.2024 and has eight criminal antecedents. Other coaccused has been granted bail by this Court vide order dated 1906-2024, passed in Cr. Misc. No. 41764 of 2024. 5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.
Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manjhaul P.S. case No. 01 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the
Patna High Court CR. MISC. No.78772 of 2024(2) dt.30-10-2024 3/3 family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T