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Patna High Court

Jitendra Kumar @ Jitendra Poddar @ Jitendra Kumar Poddar @ Biso Poddar @ Bisho PoddarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the petitioner was presumed innocent and the court imposed appropriate conditions.

Summary

The petitioner, Jitendra Kumar Poddar, applied for bail in a case registered under Sections 103(1), 3(5) of the BNS, 2023 and Section 27 of the Arms Act for the alleged killing of a deceased. He had been in custody since February 8, 2025 and claimed innocence, asserting that the main assailant, Ravi Kumar, had already been convicted and that he was merely an order‑giver in the unlawful assembly. The court examined the allegations, the petitioner’s claim of a clean antecedent, and the seriousness of the offences. Considering the facts and the petitioner’s assertion of innocence, the court allowed the bail application. The bail was granted on a bond of Rs. 10,000 with two sureties, subject to verification of antecedents and compliance with conditions to appear in court.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 103(1), 3(5) of the BNS, 2023 and Section 27 of the Arms Act
  • Whether the petitioner’s claim of innocence and clean antecedent justifies bail
  • What conditions should be imposed on the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • unlawful assembly
  • Arms Act
  • presumption of innocence
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34244 of 2026
                  Arising Out of PS. Case No.-4 Year-2025 Thana- NIMACHANDPURA District- Begusarai
                 ======================================================
                 Jitendra Kumar @ Jitendra Poddar @ Jitendra Kumar Poddar @ Biso Poddar
                 @ Bisho Poddar Son of Late Basudeo Poddar Resident of Village - Khagaria
                 Nala Road, Jay Prakash Nagar, P.S.- Town Khagaria, District - Khagaria.
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajnish Kumar Singh
                 For the Opposite Party/s :     Mr.Asha Kumari
                                                Mr. Dhirendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   03-07-2026                    Heard the parties.

                                   2. The petitioner seeks bail in connection with

                   Neemchandpura P.S. Case No. 04 of 2025 registered for the

                   offence under Sections 103(1), 3(5) of the BNS, 2023 and under

                   Section 27 of the Arms Act.

                                   3. As per the prosecution case, the petitioner and

                   others are accused of killing the deceased.

                                    4. The petitioner is in custody since 8.2.2025.

                                     5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and he has falsely been implicated in

                   this case. He further submits that the main assailant of the

                   deceased is one Ravi Kumar and he has already been convicted.

                   He further submits that the petitioner is only a member of the

                   unlawful assembly and is order giver.
          Patna High Court CR. MISC. No.34244 of 2026(2) dt.03-07-2026
                                                      2/2




                                    6. Considering the aforesaid facts, this application

                    is allowed.

                                     7. 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 concerned Court below in connection with

                    Neemchandpura P.S. Case No. 04 of 2025.

                                    8. As the petitioner claims to have clean

                    antecedent, the Court below, before accepting the bail bonds of

                    the petitioner is directed to verify the antecedent of the

                    petitioner. If the petitioner is found to be involved in any other

                    case then the bail bonds of the petitioner shall not be accepted.

                                    9. After being released on bail, the petitioner is

                    directed to cooperate in the trial by appearing personally till the

                    framing of charge, if the charge has not already been framed and

                    after framing of charge he is directed to cooperate in the trial

                    either by appearing personally or through his lawyer. Non-

                    compliance of the condition will result in cancellation of the bail

                    bonds of the petitioner.


                                                              (Sandeep Kumar, J)
Vikas/-
U


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