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Patna High Court

Bhavesh Kumar Poddar @ Bhavishya PoddarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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