Patna High Court
Dharmdeo PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted because the petitioner has a clean antecedent and the prosecution’s case is based only on suspicion without any eyewitness testimony.
Summary
Dharmdeo Poddar was arrested in connection with a murder case (Sections 302, 120(B), 34 IPC and Section 27 Arms Act) arising from a business dispute. The petitioner argued that he has a clean antecedent, that the informant is not an eye‑witness, and that no material evidence links him to the crime, citing that a co‑accused had previously been granted bail. The prosecution opposed bail, insisting on the seriousness of the offences. The court examined the lack of direct evidence, the petitioner’s clean record, and the precedent of bail to the co‑accused, and concluded that the allegations rest on mere suspicion. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted to the petitioner accused of murder, conspiracy and illegal possession of arms when the case is based largely on suspicion and the informant is not an eye‑witness.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- arms act
- criminal procedure
- suspicion
- clean antecedent
- eyewitness
Judgment
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
3 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
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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:-
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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
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