Patna High Court
Subhash Poddar @ Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482.
Summary
The petitioners Subhash Poddar and Deepak Poddar applied for anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 74, 110, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant with fists and a blackjack during a land dispute, causing simple injuries to three persons. The State opposed the bail. The court examined whether the nature of the alleged offences justified denial of bail and considered the power conferred by Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. It held that anticipatory bail could be granted, subject to conditions, to prevent undue harassment. The order directed the petitioners to surrender within eight weeks and furnish bail bonds of Rs.10,000 each with two sureties, subject to the conditions laid down under Section 482.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023
- Whether the nature of the offences alleged under the Bhartiya Nyaya Sanhita precludes the grant of anticipatory bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 482
- assault
- land dispute
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89766 of 2025
Arising Out of PS. Case No.-189 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Subhash Poddar @ Subhash Kumar Son of Sikendra Poddar Resident Of
Village- Chhoti Kashpur Ps- Amarpur Dist -Banka
2. Deepak Poddar @ Deepak Kumar son of Sikendra Poddar Resident Of
Village- Chhoti Kashpur Ps- Amarpur Dist -Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurabh Raj
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 74,
110, 303(2), 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., petitioners are alleged to have
attacked the informant with fists and blackjack. Injury reports
reveal that three persons sustained simple injuries. Both parties
are agnates and due to land dispute, the alleged Maarpit took
place.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.89766 of 2025(2) dt.15-01-2026
2/2
5. In the facts and circumstances of the case, let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned C.J.M., Banka in connection with Amarpur P.S. Case
No. 189 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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