Patna High Court
Gopal PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and conditions prescribed under the BNSS, 2023.
Summary
The petitioners, five brothers of the Poddar family, sought anticipatory bail after an FIR (Lakho P.S. Case No.237 of 2025) alleged that they assaulted the informant’s brother with an iron rod and committed other offences under the BNSS, 2023. The prosecution’s case named six accused, but the specific allegation of assault was directed only at one accused, Karelal Poddar, while the other allegations were general. The petitioners contended that the incident was a family scuffle between agnates, that they have no criminal record, and that the person against whom the specific assault allegation is made is already in custody. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the clean antecedent of the petitioners and the lack of specific allegations against them, granted anticipatory bail subject to a bond of Rs.30,000 each and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 2(1)(d) of the BNSS, 2023 despite the FIR alleging multiple offences.
- Whether the presence of a specific allegation against only one accused precludes granting bail to the other accused.
- Whether the petitioners’ clean criminal record and the custody of the specifically accused justify the grant of anticipatory bail.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- BNSS 2023
- Section 2(1)(d)
- Section 482(2)
- assault
- family dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15840 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- Lakho District- Begusarai
======================================================
1. Gopal Poddar S/O Dhanik Poddar R/O Village- Bhairwar,Ward No.1,P.S.
-Lakho,Distt- Begusarai
2. Ranjit Poddar S/O Gopal Poddar R/O Village- Bhairwar,Ward No.1,P.S.
-Lakho,Distt- Begusarai
3. Lalo Poddar @ Lalo Kumar S/O Gopal Poddar R/O Village- Bhairwar,Ward
No.1,P.S. -Lakho,Distt- Begusarai
4. Fultush Poddar @ Fultush Kumar S/O Gopal Poddar R/O Village-
Bhairwar,Ward No.1,P.S. -Lakho,Distt- Begusarai
5. Raja Poddar @ Raja Kumar S/O Gopal Poddar R/O Village- Bhairwar,Ward
No.1,P.S. -Lakho,Distt- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Adv.
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Lakho P.S. Case No.237 of 2025 lodged on
18.12.2025, for the offences punishable under Sections 126(2),
115(2), 109(1), 351(2)(3), 352, 125, 76, 303(2) and 3(5) of the
B.N.S., 2023.
3. As per the prosecution, FIR has been lodged against
six named accused persons including the present petitioners
Patna High Court CR. MISC. No.15840 of 2026(2) dt.25-03-2026
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against whom there is allegation that they have assaulted the
brother of the informant with iron rod due to which he becomes
unconcious. Subsequently, other family member tried to save
then other accused persons have also assaulted them and outrage
the modesty and snatched jewellery.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel also submits that in the entire FIR, the specific
allegation is against Accused Karelal Poddar who assaulted by
iron rod due to which brother of the informant injured and
against other accused person, there is general and omnibus
allegation.
5. Counsel further submits that both parties are
resident of same house and they are agnates and due to family
issue, scuffling took place between them.
6. Counsel submits that the criminal antecedent of the
petitioners is clean and the persons against whom there is
specific allegation of assault, is already in custody.
7. Learned APP for the State opposes the prayer for
bail of the petitioners.
8. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
Patna High Court CR. MISC. No.15840 of 2026(2) dt.25-03-2026
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anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Judicial Magistate-1st Class, Begusarai, in
connection with Lakho P.S. Case No.237 of 2025, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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