Patna High Court
Raushan @ Raushan Kumar PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 438(2) Cr.P.C. and Section 482(2) BNS.
Summary
The petitioner, Raushan Kumar Poddar, sought anticipatory bail after being implicated in an FIR alleging assault and other offences under several sections of the Bihar Negotiable and Securitisation Act (BNS). He claimed a clean antecedent and argued that the informant’s allegations were vague, the FIR was filed four days after the alleged incident without justification, and that the police were present at the marriage ceremony, suggesting no serious offence occurred. The State opposed the bail. The Court considered the delay in filing the FIR, the general nature of the allegations, and the petitioner’s clean record, and concluded that anticipatory bail was appropriate. Accordingly, the Court ordered that the petitioner be released on anticipatory bail if arrested within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
- Whether the delay in filing the FIR and the general nature of the allegations justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- FIR delay
- false implication
- Criminal Procedure Code
- Bihar Negotiable and Securitisation Act
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.547 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
Raushan @ Raushan Kumar Poddar Son of Rajesh Poddar Resident of Village
- Makranda, Police Station - Manigachhi, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Ms. Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 329(3), 126(2), 115(2),
117(2), 109(1), 352 and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant alleges
that on the eve of his daughter’s marriage on 09.05.2025, the accused
persons including the petitioner came and brutally assaulted Monu
and Manish, thereafter, the police was informed and the marriage was
performed in presence of the police.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the allegation
as alleged in the FIR, it would manifest that the allegation of assault
is general and omnibus in nature. It is next submitted that the date of
Patna High Court CR. MISC. No.547 of 2026(2) dt.18-02-2026
2/2
occurrence is 09.05.2025 and the FIR came to be instituted on
13.05.2025, i.e., after a delay of four days without any plausible
explanation. It is also submitted that had any occurrence of the nature
as alleged taken place on 09.05.2025, in that event, the police would
have instituted an FIR as it is alleged in the FIR that the marriage
took place in presence of the police. It is further submitted that
petitioner is not a criminal.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the event
of his arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned trial court where the case is
pending/Successor Court in connection with Manigachhi P.S. Case
No. 68 of 2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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