Dharmdeo Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26050 of 2026 Arising Out of PS. Case No.-176 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Dharmdeo Poddar S/o Rajendra Poddar R/o Village -Rampur, P.S. - Laukaha, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard Mr. Jitendra Kumar Bharti, learned counsel for the petitioner as well as Mr. Md. Matloob Rab, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 21.12.2025 in connection with Laukaha P.S. Case No. 176 of 2020, F.I.R. dated 22.06.2020 for the offences punishable under Sections 302, 120(B), 34 of IPC and 27 of the Arms Act.
3. According to prosecution case, it is alleged that over a business dispute this petitioner along with other accused persons have killed the brother of the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of suspicion. It appear from the F.I.R. that no one has seen the occurrence, even
Patna High Court CR. MISC. No.26050 of 2026(3) dt.08-07-2026 2/3 the informant is not the eye-witness of the occurrence. And except the suspicion nothing has come during investigation which suggest the involvement of the petitioner in the present case. He further submits that the co-accused person namely, Om Prakash Poddar against whom there is similar allegation has been granted bail vide order dated 08.02.2022 in Cr. Misc no. 31340 of 2021 by this Court. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 21.12.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent, informant is not the eye-witness of the alleged occurrence and even no one has seen the occurrence and he has been made accused on the basis of suspicion, co-accused person namely, Om Prakash Poddar has been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, District- Madhubani in connection with Laukaha P.S. Case No. 176 of 2020, subject to the following conditions:-
Patna High Court CR. MISC. No.26050 of 2026(3) dt.08-07-2026 3/3 i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T