Patna High Court
Ajay Kumar Poddar @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to both petitioners, finding no prima facie case of intent to cause death and noting their clean antecedent.
Summary
The petitioners, Ajay Kumar Poddar and Bablu Poddar, were named in an FIR for alleged assault on an informant using the butt of a country-made pistol, resulting in head and nose injuries, and for snatching cash and a gold chain. They contended that the incident stemmed from a prior enmity and that no firing was actually carried out by Ajay Kumar, asserting that the injuries were simple and that the allegations were vague. The prosecution opposed bail, invoking sections of the Bhartiya Nyaya Sanhita, 2023 and the Arms Act. The court examined the medical report, the nature of the alleged injuries, and the petitioners' clean antecedent, finding no prima facie intention to cause death. Consequently, the court held that the evidence did not justify denial of bail. The petitioners were ordered to be released on bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS.
Issues considered
- Whether the allegations under the Bhartiya Nyaya Sanhita and Arms Act establish a sufficient ground to deny bail to the petitioners
- Whether the nature of the injuries and lack of intent to cause death warrant bail under Section 438 CrPC
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 352 read with 3(5), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- arms act
- Bharatiya Nyaya Sanhita
- intent
- injury
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28073 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
1. Ajay Kumar Poddar @ Ajay Kumar, S/o Bablu Poddar
2. Bablu Poddar @ Bablu Podhar, S/o Reni Poddar
Both are R/o Village-Simri, Tola-Duwarika, Ward No.-15, P.S.-Simri
Bakhtiyarpur, District- Saharsa.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Simri
Bakhtiyarpur P.S. Case No.49 of 2025 registered under
Sections 126(2), 115(2), 109, 303(2) and 352 read with
3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’)
and Section 27 of the Arms Act.
3. Allegation against petitioner is to assault on the
head of informant by using the butt of country-made pistol
causing injury on his head. Allegation is also to assault on
nose in same manner. When informant become unconscious,
the petitioners snatched cash of Rs.10,000/- and golden
Patna High Court CR. MISC. No.28073 of 2026(2) dt.01-05-2026
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chain worth of Rs.1,40,000/- for the neck of the informant. It
is also alleged lastly that the firing was made by the
petitioner Ajay Kumar Poddar, which could not hit him.
4. It is submitted by learned counsel appearing for
petitioners that due to previous enmity arising out of
Bakhtiyarpur P.S. Case No.56 of 2024, the present
occurrence took place. It is pointed out that the allegation of
firing during actual occurrence is not available against
petitioner no.1, which negates his intention. It is also pointed
out that the allegation against petitioner no.2 is very much
general and omnibus in nature. Finally, it is submitted that
upon medical examination, the nature of injury found simple
in nature, where only two injuries were found, which are
generalized bodyache and pain over nose but, no visible
injury was noticed upon head, which makes the allegation
false on its face. Both petitioners claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact, as having all occasion to shot the
informant, no firing was made by petitioner no.1 during the
occurrence and moreover no injury as alleged was found upon
Patna High Court CR. MISC. No.28073 of 2026(2) dt.01-05-2026
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the head of the informant and moreover same was found
simple in nature prima facie negating the intention to cause
death, accordingly, both petitioners, above-named, who are
of clean antecedent, are directed to be released on bail, in the
event of their arrest or surrender in the court below within a
period of four weeks, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned C.J.M. Saharsa
in connection with Simri Bakhtiyarpur P.S. Case No.49 of
2025, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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