Patna High Court

Sanjay PoddarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Sanjay Poddar, was arrested in connection with a case arising from a cattle grazing dispute that allegedly led to assault with an iron rod and brick pelting, causing injuries to several villagers. He was charged under Sections 126(2), 115(2), 109, 74, 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed he was falsely implicated due to village rivalry and that the injuries were simple in nature, also noting a single prior criminal antecedent. The State opposed bail, arguing the seriousness of the offences. Considering the custody period, submission of the charge sheet, and the circumstances, the Court granted bail on condition of a Rs.15,000 bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
Whether the petitioner’s prior criminal antecedent and the alleged injuries preclude bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 352, 74

Subjects

bail
criminal procedure
assault
cattle grazing dispute
Bharatiya Nyaya Sanhita
section 126
section 115
section 109
section 74
section 303
section 352
section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4277 of 2026
                     Arising Out of PS. Case No.-77 Year-2025 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Sanjay Poddar Son of Late Bijendra Poddar @ Bijendar Poddar R/o Village -
                 Indarwa, Ward no. 06, P.S. - Sour Bazar, Dist. - Saharsa.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash Parasar, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Saur

                   Bazar P.S. Case No. 77 of 2025 instituted for the offence under

                   Sections 126(2), 115(2), 109, 74, 303(2), 352 & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                           3.       That the prosecution case, in brief, is that on

                   12.03.2025 at about 7:00 A.M., a dispute arose over cattle

                   grazing in the informant’s wheat field, whereupon the accused

                   persons, including the petitioner, assaulted the informant and his

                   family members. It is alleged that petitioner along with other co-

                   accused assaulted Ashok Sah and Shambhu Sah on their heads

                   with an iron Khanti, causing them to fall unconscious. It is
Patna High Court CR. MISC. No.4277 of 2026(2) dt.28-01-2026
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          further alleged that petitioner also participated in pelting bricks

          from the roof, causing injuries to the villagers who came to

          intervene.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 24.10.2025. Petitioner

          bears one criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case due to village rivalry and cattle grazing dispute. There is

          general and omnibus allegation against the petitioner. There is

          case and counter case between the parties. Injuries of the injured

          persons are found to be simple in nature. Charge sheet has

          already been submitted in this case.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and charge sheet

          being submitted, this Court is inclined to grant bail to the

          petitioner.

                        8. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
           Patna High Court CR. MISC. No.4277 of 2026(2) dt.28-01-2026
                                                       3/3




                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Saur Bazar P.S. Case

                     No. 77 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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