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Patna High Court

Ajay Kumar Poddar @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                            3/3




                          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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