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Patna High Court

Karan PoddarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.35977 of 2026(3) dt.08-07-2026
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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
Patna High Court CR. MISC. No.35977 of 2026(3) dt.08-07-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.35977 of 2026(3) dt.08-07-2026
                                                        4/4




                      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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