Patna High Court
Mithilesh PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Mithilesh Poddar was arrested on 4 July 2025 in connection with a murder case (Section 304, Bharatiya Nyay Sanhita, 2023) arising from an alleged theft of a woman's jewellery. The petitioner contended that he was not named in the FIR and was implicated only through a self‑confessional statement recorded in a separate case, with no other material linking him to the offence and no TIP conducted. The prosecution opposed bail, highlighting seven prior criminal antecedents, though noting the petitioner was already on bail in one case and other cases were pending. The High Court, after considering the lack of substantive evidence and the petitioner’s cooperation, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed the lower court to release the petitioner on bail pending trial.
Issues considered
- Whether bail should be granted in a murder case under Section 304 of the Bharatiya Nyay Sanhita, 2023, given the petitioner’s alleged involvement and prior criminal antecedents.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 304
Subjects
- bail
- murder
- Section 304
- criminal antecedents
- high court
- Patna
- self‑confessional statement
- TIP
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27200 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
Mithilesh Poddar Son of Ram Pukar Poddar Resident of Bari Baliya, P.S.-
Baliya, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
: Mr. Ankit Kumar, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Sunil Kumar, learned counsel for the
petitioner and Mr. Jai Narain Thakur, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.07.2025 in connection with Didarganj P.S. Case No. 189 of
2025, F.I.R. dated 28.05.2025 for the offences punishable under
Section 304 of the Bharatiya Nyay Sanhita, 2023.
3. The case of the prosecution in brief is that when
informant was returning with his wife from fatuha at 1.00 P.M
and when they reached near toll tax, then two unknown persons
riding on motorcycle came and snatched informant wife’s
mangalsutra and dholna and they fled towards check post.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.27200 of 2026(2) dt.22-04-2026
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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 his self-confessional statement which
was recorded in Fatuha P.S. Case No. 427 of 2025. He next
submits that except the aforesaid, no other cogent material has
come during investigation which suggest the involvement of the
petitioner in the present occurrence and till date no TIP has been
conducted by the prosecution. He further submits that the police
after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 04.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries seven criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in one case and rest cases are pending for consideration before
competent Court of law.
6. Considering the aforesaid facts and circumstances,
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 Class, Patna City in connection with Didarganj P.S.
Patna High Court CR. MISC. No.27200 of 2026(2) dt.22-04-2026
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Case No. 189 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
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
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