Patna High Court
Karan PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioner was not named in the FIR, similar co‑accused had been released on bail, and the prosecution’s case rested solely on a co‑accused’s confession.
Summary
The petitioner, Karan Poddar, was arrested on 9 September 2025 in connection with a shooting incident alleged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution’s case is based primarily on the confession of a co‑accused, Mithun Kumar, as the petitioner’s name does not appear in the FIR. The petitioner argued that he is innocent, that no material evidence links him to the crime, and that similarly situated co‑accused have already been granted bail. The State opposed bail, citing nine prior criminal convictions of the petitioner. The Court noted the absence of the petitioner’s name in the FIR, the precedent of bail to co‑accused, and imposed conditions to ensure his cooperation and prevent tampering. Consequently, the Court ordered the petitioner’s release on bail subject to a bond and specified conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s non‑inclusion in the FIR and reliance on a co‑accused’s confession justify bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-BA), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 126(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- co‑accused confession
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35977 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Karan Poddar S/O Late Krishna Mohan Poddar R/O Vill.- Awas Board, P.S.-
Chitragupt Nagar, Dist.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Bhusan Poddar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard Mr. Braj Bhusan Poddar, learned counsel for
the petitioner as well as Mr. Umeshanand Pandit, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.09.2025 in connection with Chitragupta Nagar P.S. Case No.
86 of 2025, F.I.R. dated 13.08.2025 for offences under Sections
126(2), 118(1), 109, 61(2), and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act. Later on Sections
25(1-B)A, 26, and 35 of the Arms Act were also added.
3. According to prosecution case, the informant
received information that his brother has received gunshot
injury. When the informant reached there, he found his brother
lying down and thereafter he was taken to Sadar Hospital,
Khagaria for treatment. Informant’s brother disclosed that three
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miscreants on pulsor motorcycle came and fired upon him and
after firing they fled away towards Surya Mandir.
4. Learned counsel for the petitioner submits that
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 confessional statement of co-accused
person, namely, Mithun Kumar and except the aforesaid, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence. He further submits that similarly situated co-
accused persons, namely, Priyansh @ Akash Raj & others have
been granted the privilege of bail by this Court vide order dated
23.03.2026 in Cr. Misc. No. 3592 of 2026, Cr. Misc. No. 73212
of 2025 and Cr. Misc. No. 73875 of 2025. He further submits
that the police after investigation submitted the charge sheet
against the petitioner and the petitioner is in custody since
09.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner on the ground that petitioner carries nine criminal
antecedents other than the present one but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
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on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
petitioner is not named in the FIR and similarly situated co-
accused persons have been granted the privilege of 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
Judicial Magistrate-I, Khagaria in connection with Chitragupta
Nagar P.S. Case No. 86 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
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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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