Patna High Court

Mithilesh PoddarversusThe State of Bihar

Decided: 31 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties and conditions of weekly police attendance.

Summary

Mithilesh Poddar was arrested in connection with a robbery in which a golden pendant was snatched from a pillion passenger; he was the driver of the bike that fell after the incident. He was charged under Sections 304(1), 338, 336(3), 340(2) and 3(5) of the B.N.S. and has been in judicial custody since 12 June 2025. The petitioner contended that he was innocent and merely the driver, with no evidence recovered from him, and sought bail. The State opposed bail, highlighting his criminal antecedent of seven prior cases. After hearing both sides, the court considered the seriousness of the offences, the lack of material against him, and his antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to weekly police attendance and cooperation in trial.

Issues considered

Whether bail should be granted to the accused despite serious charges under Sections 304(1), 338, 336(3), 340(2) and 3(5) of the B.N.S. and his prior criminal antecedents.

Legislation cited

B.N.S. — s. 304(1), 336(3), 338, 340(2), 3(5)

Subjects

bail
criminal procedure
section 304 IPC
section 338 IPC
section 336 IPC
section 340 IPC
judicial custody
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84040 of 2025
                         Arising Out of PS. Case No.-427 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Mithilesh Poddar, S/o Rampukar Poddar, Resident of Village - 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
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Fatuha P.S. Case No. 427 of 2025 registered for the offence

                   punishable under Sections 304(1), 338, 336(3), 340(2) and 3(5) of

                   B.N.S.

                                3. The case of the prosecution, in short, is that while one

                   Anju Devi was returning home on a tempo, two persons on a bike

                   arrived there and the pillion of the bike snatched the golden

                   pendent. It is further alleged that due to imbalance in the bike, the

                   accused persons fell there. One person was apprehended. The

                   pillion managed to escape.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no
             Patna High Court CR. MISC. No.84040 of 2025(3) dt.31-01-2026
                                                         2/2




                       offence. He has been falsely implicated in this case. From perusal

                       of the F.I.R. itself it is clear that petitioner is the person who was

                       driving the bike and who was apprehended but from his

                       possession, nothing has been recovered and the allegation is that

                       pillion has snatched the golden pendent. Petitioner is languishing

                       in judicial custody since 12.06.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail and has submitted that petitioner

                       is having criminal antecedent of seven cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the learned A.C.J.M.-II,

                       Patna City in connection with Fatuha P.S. Case No. 427 of 2025.

                                    7. As the petitioner is having criminal antecedent of four

                       cases of Fatuha P.S., he is directed to mark his attendance weekly

                       in Fatuha P.S. and he is also directed to cooperate in trial.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T

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