Patna High Court - Orders
Sunil Poddar vs The State Of Bihar on 12 May, 2023
Author: A. M. Badar
Bench: A. M. Badar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60997 of 2022
Arising Out of PS. Case No.-573 Year-2020 Thana- NATHNAGAR District- Bhagalpur
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Sunil Poddar Son of Late Lakhan Poddar Resident of Village- Madhopur, P.S.
Nathnagar, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR
ORAL ORDER
4 12-05-2023The applicant is accused in Crime No. 573 of 2020 registered with Nathnagar Police Station for the offences punishable under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code as well as under Section 27 of the Arms Act by this application has renewed his prayer for grant of bail. His earlier bail application was rejected on 15.12.2021.
The learned counsel for the applicant argued that the applicant had allegedly fired a bullet from a far of distance and that bullet did not hit anybody. It is further argued that now the stage of the trial has changed and five more are yet to be examined.
The learned Additional Public Prosecutor assisted by the learned counsel for the First-Informant oppose the application.
Patna High Court CR. MISC. No.60997 of 2022(4) dt.12-05-2023 2/2 I have considered the submissions so advanced. There is absolutely no change in circumstances warranting entertainment of this second bail application. However, it is reported that the trial is a part-heard trial. Therefore, it is expected of the learned trial court to adhere the mandate of Section 309 of Cr.P.C. in conducting such part-heard trial.
The application is accordingly rejected. The learned trial court is directed to keep in mind mandate of Section 309 of the Cr.P.C. in prosecuting the trial which is a part-heard trial.
(A. M. Badar, J)
Aditi/Saurabh
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