Karan Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35977 of 2026 Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria ====================================================== Karan Poddar S/O Late Krishna Mohan Poddar R/O Vill.- Awas Board, P.S.- Chitragupt Nagar, Dist.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard Mr. Braj Bhusan Poddar, learned counsel for the petitioner as well as Mr. Umeshanand Pandit, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 09.09.2025 in connection with Chitragupta Nagar P.S. Case No. 86 of 2025, F.I.R. dated 13.08.2025 for offences under Sections 126(2), 118(1), 109, 61(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. Later on Sections 25(1-B)A, 26, and 35 of the Arms Act were also added.
3. According to prosecution case, the informant received information that his brother has received gunshot injury. When the informant reached there, he found his brother lying down and thereafter he was taken to Sadar Hospital, Khagaria for treatment. Informant's brother disclosed that three
2/4 miscreants on pulsor motorcycle came and fired upon him and after firing they fled away towards Surya Mandir.
4. Learned counsel for the petitioner submits that 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 confessional statement of co-accused person, namely, Mithun Kumar and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that similarly situated coaccused persons, namely, Priyansh @ Akash Raj & others have been granted the privilege of bail by this Court vide order dated 23.03.2026 in Cr. Misc. No. 3592 of 2026, Cr. Misc. No. 73212 of 2025 and Cr. Misc. No. 73875 of 2025. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 09.09.2025.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries nine criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is
3/4 on bail in the said matters.
6. Considering the aforesaid facts and circumstances, petitioner is not named in the FIR and similarly situated coaccused persons have been granted the privilege of 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 Judicial Magistrate-I, Khagaria in connection with Chitragupta Nagar P.S. Case No. 86 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
4/4 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