Patna High Court
Jitendra Kumar @ Jitendra Poddar @ Jitendra Kumar Poddar @ Biso Poddar @ Bisho PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
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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