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Patna High Court

Prashant Poddar @ Prashant KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and regular bail is granted to the appellant.

Summary

The appellant, Prashant Poddar, was charged with murder, conspiracy, and offences under the SC/ST (Prevention of Atrocities) Act and the Arms Act. He was not named in the FIR; his alleged involvement emerged from a confessional statement of co-accused Bhaskar Jha, who had earlier been granted regular bail. The appellant filed an appeal under Section 14‑A(2) of the SC/ST Act against the trial court’s refusal to grant him regular bail. The High Court, after considering the appellant’s clean antecedents, the limited examination of prosecution witnesses, and the precedent of bail granted to co‑accused, ordered his release on bail with a cash bond of Rs.25,000 and two sureties, subject to cancellation if he attempts to delay the trial. The impugned order refusing bail was set aside and the appeal was allowed.

Issues considered

  • Whether the appellant is entitled to regular bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act despite the seriousness of the charges.
  • Whether the grant of regular bail to a co‑accused (Bhaskar Jha) influences the bail entitlement of the appellant.
  • Whether the appellant’s absence from the FIR and reliance on a confessional statement affect the bail decision.

Legislation cited

Subjects

  • regular bail
  • SC/ST Act
  • murder
  • conspiracy
  • arms offences
  • high court appeal
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4160 of 2025
                  Arising Out of PS. Case No.-141 Year-2024 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Prashant Poddar @ Prashant Kumar S/o Pradip Kumar Poddar Resident of
                 Village - Bhelai, P.S - Dandkhora, District - Katihar.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Dinesh Paswan S/o Late Gorelal Paswan Resident of - Driver Tola, P.S -
                 Nagar, District - Katihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Vivekanand Jha, Adv
                                                 Mr.Sharda Nand Mishra, Adv
                 For the Respondent/s   :        Mr.Sadanand Paswan, APP
                                                 Ms. Moni Kumari, Adv
                                                 Mr. Satish Kumar Sinha, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   01-05-2026              1.     Heard learned counsel for the appellant and learned

                   Spl. P.P. for the State.

                            2.     This is an appeal under Section 14-A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST

                   Act”) against the refusal of prayer for regular bail vide order

                   dated 21-5-2025 passed by the learned 1 st Additional Sessions

                   Judge-cum-Special Judge S.C./S.T. (POA) Act, Katihar in

                   connection with Katihar Nagar P.S. Case No.141/2024

                   registered for the offences punishable under Sections 302,

                   120(B), 34 of the Indian Penal Code as well as Sections 3(2)(v)
Patna High Court CR. APP (SJ) No.4160 of 2025(4) dt.01-05-2026
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          of the SC/ST Act and 25(1-B), 26, 27 and 35 of the Arms Act.

                    3.    Learned counsel for the appellant submits that

          appellant is a person with clean antecedent and is in custody

          since 24-2-2025 and the informant alleges that his son was

          killed by unknown accused and one Alok Pradhan was

          apprehended from the spot, apart from other details.

                    4.    Learned counsel for the appellant submits that the

          appellant is not named in the FIR and his name transpired in the

          confessional statement of Bhaskar Jha @ Bidhayak. It is next

          submitted that Bhaskar Jha @ Bidhayak had approached this

          Court seeking regular bail by filing Cr. Appeal (SJ) No. 1793 of

          2025 and the same came to be allowed by an order dated 1-8-

          2025. It is further submitted that charges against the appellant

          stands framed and trial has commenced, but then out of 14

          prosecution witnesses only one prosecution witness has been

          examined. It is also submitted that since Bhaskar Jha has been

          granted the privilege of regular bail, as such the case of the

          appellant is on a better footing. It is next submitted that Alok

          Pradhan was apprehended from the spot and based on his

          confessional statement, name of Mannu Kumar Jha @ Manu Jha

          transpired. It is further submitted that Mannu Jha had

          approached the Hon’ble Supreme Court by filing Cr. Appeal No.
Patna High Court CR. APP (SJ) No.4160 of 2025(4) dt.01-05-2026
                                             3/4




          1765 of 2026 and the same came to be allowed by an order

          dated 6-4-2026.

                    5.    Learned Spl. P.P. for the State opposes and learned

          counsel appearing on behalf of the informant the prayer for bail

          of the appellant, but then are not in a position to rebut the

          submission of the learned counsel appearing on behalf of the

          appellant that Bhaskar Jha has been granted the privilege of

          regular bail. Learned APP next submits that if privilege of

          regular bail is granted to the appellant, the appellant may

          abscond, on which the learned counsel appearing on behalf of

          the appellant submits that appellant will not abscond rather will

          co-operate in the trial to prove his innocence.

                    6.    After hearing the learned counsel for the parties

          and taking into consideration the submission made by learned

          counsel for the appellant, the appellant, above-named, is

          directed to be released on bail on his furnishing bail-bonds in

          the sum of Rs.25,000/- (Rupees Twenty-five Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Katihar Nagar P.S. Case No.141/2024.

                    7.    One of the bailors of the appellant shall be his

          father, namely, Pradip Kumar Poddar.
              Patna High Court CR. APP (SJ) No.4160 of 2025(4) dt.01-05-2026
                                                           4/4




                                  8.    It is made clear that if the learned trial court comes

                        to a conclusion that appellant after his release is trying to delay

                        the trial in any manner, in that event, the learned trial court shall

                        be at liberty to cancel the bail bonds of the appellant.

                                  9.    Accordingly, the impugned order is set aside and

                        this appeal stands allowed



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


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