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Patna High Court

Mantu Poddar @ Mantu Kumar @ Paudar @ Mantu Kumar Poddar @ Mantu PoddharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


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