Mithilesh Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27200 of 2026 Arising Out of PS. Case No.-189 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Mithilesh Poddar Son of Ram Pukar Poddar Resident of Bari Baliya, P.S.- Baliya, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate :
Mr. Ankit Kumar, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2026 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 04.07.2025 in connection with Didarganj P.S. Case No. 189 of 2025, F.I.R. dated 28.05.2025 for the offences punishable under Section 304 of the Bharatiya Nyay Sanhita, 2023.
3. The case of the prosecution in brief is that when informant was returning with his wife from fatuha at 1.00 P.M and when they reached near toll tax, then two unknown persons riding on motorcycle came and snatched informant wife's mangalsutra and dholna and they fled towards check post.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.27200 of 2026(2) dt.22-04-2026 2/3 petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in the FIR and his name transpired on the basis of his self-confessional statement which was recorded in Fatuha P.S. Case No. 427 of 2025. He next submits that except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence and till date no TIP has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 04.07.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries seven criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in one case and rest cases are pending for consideration before competent Court of law.
6. Considering the aforesaid facts and circumstances, 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 Judicial Magistrate-I Class, Patna City in connection with Didarganj P.S.
Patna High Court CR. MISC. No.27200 of 2026(2) dt.22-04-2026 3/3 Case No. 189 of 2025, subject to the following conditions:- 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) Suruchi/- U T