Sandeep Poddar @ Sandip Kr Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82578 of 2024 Arising Out of PS. Case No.-392 Year-2024 Thana- SUPAUL District- Supaul ====================================================== SANDEEP PODDAR @ SANDIP KR PODDAR VISHUNDEV PAUDDAR R/o Village - Sour Bazar, ward no. 01, Baijnathpur, P.S. - Baijnathpur, District - Saharsa, State - Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Supaul P.S. Case No. 392 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per the prosecution case, three unknown miscreants on the point of pistol looted the motorcycle and mobile of the informant and fled away.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Md. Kadir Ansari. No incriminating article has
Patna High Court CR. MISC. No.82578 of 2024(3) dt.19-02-2025 2/2 been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the motorcycle in question does not belong to this petitioner. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.09.2024 and has no criminal antecedent.
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 as also 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 Supaul P.S. Case No. 392 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T