Patna High Court
Bhavesh Kumar Poddar @ Bhavishya PoddarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is dismissed as the case is not a fit one for grant of anticipatory bail.
Summary
The petitioner, Bhavesh Kumar Poddar, sought anticipatory bail fearing arrest in a Begusarai complaint case involving alleged forgery of a sale deed using a falsified Aadhaar card and impersonation, charged under IPC sections 420, 467, 468, 120(B) and 34. The prosecution contended that the petitioner was part of a conspiracy, with the complainant as a key witness, and opposed the bail. The petitioner asserted innocence and a clean criminal record. The Court examined whether the circumstances warranted anticipatory bail under CrPC Section 438. Concluding that the case was not suitable for anticipatory bail, the Court dismissed the application and ordered the petitioner to surrender within four weeks and apply for regular bail, warning that failure would lead to arrest by the Superintendent of Police, Begusarai.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under CrPC Section 438 in view of the alleged offences under IPC sections 420, 467, 468, 120(B) and 34.
- Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 120(B), 34, 420, 467, 468
Subjects
- anticipatory bail
- forgery
- sale deed
- Aadhaar fraud
- conspiracy
- Indian Penal Code
- Criminal Procedure Code
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55736 of 2025
Arising Out of PS. Case No.-141 Year-2015 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Bhavesh Kumar Poddar @ Bhavishya Poddar S/o Jagdish Poddar R/o Village
- Shahpur, P.S - Balia, District - Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shashi Shekhar Rai S/o Sri Ram Rai R/o Village - Ladhauna, P.S - Samho,
District - Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Begusarai Complaint Case No. 141 of 2025 instituted
under Sections 420, 467, 468, 120(B), 34 of the I.P.C.
3. As per the prosecution case, petitioner along with
other accused persons are alleged to have created a sale deed by
forging an aadhar card of the original owner and by impersonation.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.55736 of 2025(6) dt.20-02-2026
2/2
for anticipatory bail of the petitioner on the ground that
petitioner is involved in the conspiracy and the complainant is
the witness to the same.
6. Considering the aforesaid facts, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Begusarai will take all steps for arrest
of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Begusarai through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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