Patna High Court

Laxmi PoddarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that anticipatory bail may be granted subject to conditions under Section 438(2) CrPC and Section 482 of the B.N.S.S., 2023.

Summary

The petitioners, six members of the Poddar family, applied for anticipatory bail fearing arrest in a case registered under multiple IPC sections for alleged assault on an informant with a lathi and iron rod. They contended that the FIR was vague, the alleged assault was general and omnibus, and the injury report showed only a single injury, thereby undermining the prosecution's case. The informant opposed the bail, but the petitioners highlighted their clean antecedent. The court examined the specificity of the allegations and the petitioners' background, and concluded that anticipatory bail could be granted subject to conditions. Accordingly, the court ordered that if arrested within eight weeks, each petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged assault under IPC sections 341, 342, 323, 325, 307, 379, 504, 506/34.
Whether the FIR sufficiently specifies the alleged overt acts to justify denial of bail.
Whether the petitioners' clean antecedent warrants the grant of anticipatory bail.

Legislation cited

B.N.S.S., 2023 — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 307, 323, 325, 341, 342, 379, 504, 506/34

Subjects

anticipatory bail
assault
IPC
Section 438
Section 482
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89769 of 2025
                   Arising Out of PS. Case No.-712 Year-2018 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
           1.     Laxmi Poddar Son of Banarsi Poddar Resident of Village - Sankh Raj
                  Mahla, P.S.- Mufassil, Distt.- Begusarai.
           2.    Sita Ram Poddar Son of Laxmi Poddar Resident of Village - Sankh Raj
                 Mahla, P.S.- Mufassil, Distt.- Begusarai.
           3.    Hare Ram Poddar Son of Laxmi Poddar Resident of Village - Sankh Raj
                 Mahla, P.S.- Mufassil, Distt.- Begusarai.
           4.    Tarkeshwar Poddar Son of Laxmi Poddar Resident of Village - Sankh Raj
                 Mahla, P.S.- Mufassil, Distt.- Begusarai.
           5.    Chandan Poddar Son of Ganesh Poddar Resident of Village - Sankh Raj
                 Mahla, P.S.- Mufassil, Distt.- Begusarai.
           6.    Pankaj Poddar @ Pankaj Kumar Son of Rishal Poddar Resident of Village -
                 Sankh Raj Mahla, P.S.- Mufassil, Distt.- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Kumar
                 For the Opposite Party/s :      Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 341, 342, 323, 325,

                   307, 379, 504, 506/34 of the Indian Penal Code.

                                3. Allegation against petitioners is that they assaulted

                   informant with Lathi and iron rod, due to which, informant

                   sustained injuries.
           Patna High Court CR. MISC. No.89769 of 2025(2) dt.15-01-2026
                                                       2/2




                                  4. Learned counsel for the petitioners submits that

                     allegation of assault is general and omnibus and no specific

                     overt act has alleged against them. As per F.I.R., these

                     petitioners and other co-accused persons assaulted informant

                     with Lathi, Danda & iron rod, but from perusal of injury report,

                     it appears that informant sustained only one injury, and as such,

                     injury report falsifies the prosecution case. Petitioners claim

                     clean antecedent.

                                  5. Learned counsel for the informant opposes the

                     prayer for anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances,

                     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 Chief Judicial Magistrate, Begusarai in

                     connection with Muffassil P.S. Case No. 712 of 2018, subject to

                     condition as laid down under Section 438(2) of the Cr.P.C. /

                     Section 482 of the B.N.S.S., 2023.



                                                        (Prabhat Kumar Singh, J)
anay

U      T

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