Mithilesh Poddar @ Mithlesh Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34074 of 2025 Arising Out of PS. Case No.-140 Year-2020 Thana- AKBARNAGAR District- Bhagalpur ====================================================== 1.
Mithilesh Poddar @ Mithlesh Poddar S/O Late Dev Narayan Poddar R/O Village- Akbarnagar, P.S- Akbarnagar, Distt.- Bhagalpur. 2.
Abhai Poddar @ Abhy Kumar Poddar S/O Late Dev Narayan Poddar R/O Village- Akbarnagar, P.S- Akbarnagar, Distt.- Bhagalpur. 3.
Meera Devi @ Mira Devi W/O Late Dev Narayan Poddar R/O VillageAkbarnagar, P.S- Akbarnagar, Distt.- Bhagalpur. 4.
Mukesh Kumar @ Mukesh Poddar @ Mukesh Kumar Poddar S/O Late Dev Narayan Poddar R/O Village- Akbarnagar, P.S- Akbarnagar, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Yadav, Advocate For the Opposite Party/s :
Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Akbarnagar P.S. Case No.140 of 2020, registered for the offences under Section 341, 323, 308, 504, 506, 325, 379, 354 and 34 of IPC.
3. As per the prosecution case the accused persons were alleged to have assaulted with lathis, bricks etc. The learned counsel for the petitioners submits that the
2/4 petitioners were earlier released on bail on 30.01.2022 and 19.02.2022 by the Additional District and Sessions Judge-IX, Bhagalpur. It is further submitted that on account of ignorance and no knowledge of court proceedings, the petitioners could not appear before the learned trial Court and subsequently their bail bond were cancelled vide order dated 4.1.2025. The learned counsel for the petitioner next submits that as soon as the petitioners came to know about the cancellation of their bail bond, they surrendered before the court below. It is also stated that the petitioners no.1 to 3 surrendered on 2.4.2025 while petitioner no.4 surrendered on 28.04.2025 and thereafter they are under judicial custody.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case and due to non appearance on account of ignorance their bail bond got cancelled and there was no intention of the petitioners to evade from justice. It is lastly submitted that the petitioners have no criminal antecedents and the petitioners no.1 to3 are languishing in custody since 02.04.2025 and the petitioner no.4 is in custody since 28.04.2025.
5. Learned APP for the State has opposed the
3/4 prayer for bail of the petitioners.
6.
Considering the aforesaid facts and circumstances of the case, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) on each of them with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XVII, Bhagalpur, in connection with Akbarnagar P.S. Case No.140 of 2020 subject to the conditions :- a. One of the bailors of the petitioner shall be their close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.
d. 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 their criminal antecedent, the court below shall take step for cancellation
4/4 of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification. (Sourendra Pandey, J) Saurav/- U T