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Patna High Court

Dharmdeo PoddarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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:-
            Patna High Court CR. MISC. No.26050 of 2026(3) dt.08-07-2026
                                                        3/3




                                   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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