Patna High Court
Mantu Poddar @ Mantu Kumar @ Paudar @ Mantu Kumar Poddar @ Mantu PoddharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that, on a prima facie case of self‑defence and the existence of a counter‑case, the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS.
Summary
Mantu Poddar was arrested in connection with a case alleging assault and other offences under several sections of the BNS. He claimed he was falsely implicated and that a counter‑case had been filed by the informant alleging murder of Poddar's father. Poddar argued that any injury caused to the informant was accidental and in self‑defence, and that the injuries were minor. The State opposed the bail application. The court, after considering the FIR, the existence of a case and counter‑case, and the medical report on the injuries, found a prima facie case for self‑defence and ordered that Poddar be released on pre‑arrest bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- What is the appropriate discretion of the court in granting pre‑arrest bail under Section 482(2) of the BNSS in a case involving alleged assault and related offences?
- Does the existence of a counter‑case and claim of self‑defence justify the grant of pre‑arrest bail?
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 303(2), 3(5), 352, 74
- Bihar Negotiable Statutes (BNSS) — s. 482(2)
Subjects
- pre‑arrest bail
- self‑defence
- false case
- assault
- Section 482(2)
- Bihar Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37322 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
Mantu Poddar @ Mantu Kumar @ Paudar @ Mantu Kumar Poddar @ Mantu
Poddhar, (Male), aged about 42 years, S/O Bijendra Poddar @ Vijendra
Poddar, Resident of village- Indarwa Ward No. 6, P.D.- Saur Bazar, District-
Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard Mr. Gopal Kumar Jha, learned counsel
appearing on behalf of the petitioner and Mr. Rajendra Singh,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Saur Bazar P.S. Case No. 77 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109, 74,
303(2), 352 and 3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioner
along with other accused persons, had allegedly assaulted the
informant and his family members causing injury.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and he has falsely
been implicated in the present case. There is case and counter
Patna High Court CR. MISC. No.37322 of 2026(2) dt.01-07-2026
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case between the parties. The petitioner side had lodged an FIR
being Saur Bazar P.S. Case No. 78 of 2025, in which, allegation
is that of brutal murder of his father and just to save themselves,
the informant side has lodged a false case implicating petitioner
and his family members. Both the parties were indulged into
fierce-fight and the petitioner, in his self defence, may have
caused injury to the informant side, without intention. Injuries
sustained by the informant side have been opined by the doctor
to be simple in nature. On these grounds, petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and the fact that there is case and counter case between
the parties. The petitioner side had lodged an FIR being Saur
Bazar P.S. Case No. 78 of 2025, in which, allegation is that of
brutal murder of his father and just to save themselves, the
informant side has lodged a false case implicating the petitioner
and his family members. Both the parties were indulged into
fierce-fight and the petitioner, in his self defence, may have
caused injury to the informant side, without intention. Injuries
Patna High Court CR. MISC. No.37322 of 2026(2) dt.01-07-2026
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sustained by the informant side have been opined by the doctor
to be simple in nature. I am of the opinion that petitioner has,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned District Court where the
case is pending, in connection with Saur Bazar P.S. Case No. 77
of 2025, subject to the condition as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
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