Pramjeet Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2333 of 2026 Arising Out of PS. Case No.-247 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== Pramjeet Rai Son of Nagdeo Rai Resident Of Village- Rustampur P.sRaghopur District -Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mrs. Kajal Kumari, Advocate For the Opposite Party/s :
Mr. Arun Kumar, APP For the informant :
Mr. Abhimanyu Deo Advocate Ms. Srishti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks regular bail in Raghopur P.S. Case No. 247 of 2025, dated 11-09-2025, registered under Sections 191(2), 192(3), 126(2), 115(2), 117(2), 109, 74, 352, and 351(2) of the Bharatiya Nyaya Sanhita, 2023. Subsequently, Section 103 of the BNS was also added.
3. The prosecution case, in brief, is that on 09.09.2025 at about 10:00 A.M. the informant saw his son being assaulted by 8-10 persons. When the informant along with his wife and brother intervened the accused persons having been armed with lathis and rods also assaulted his wife and brother with bricks,
2/4 stones and rods, causing serious head injuries. The injured were first taken to Raghopur PHC for treatment and later referred to Patna NMCH, where the condition of the informant's son is stated to be serious.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the FIR was initially lodged against 15 named accused persons and subsequently, after about one month, one co-accused, namely Radha Devi, was added on the basis of the statement of the mother of the deceased. Learned counsel submits that this is merely an addition to the list of accused persons and aforesaid Radha Devi has already been granted bail by a Co-ordinate Bench of this Court by order dated 28.01.2026 passed in Cr. Misc. No. 91849 of 2025.It is next submitted that the accused persons, including the present petitioner have not been attributed any specific overt act and the allegations against them are general and omnibus in nature.
Referring to the postmortem report, it is submitted that the deceased sustained a single head injury and death caused due to craniocerebral injury. Learned counsel further draws the attention of the Court to paragraph no.
3/4 Savita Devi, wife of the injured Bhikham Rai was entered as a 'Sanha' at Rustampur Police Station, bearing Sanha No. SDE336/25 dated 15.09.2025. In the said application, she has specifically alleged that co-accused Binod Rai assaulted her husband (deceased) with an iron rod on his head causing grievous injury. It is submitted that the said witness, who claims to be an eye-witness to the occurrence, has attributed the specific act of assault to the said co-accused and not to the present petitioner. It is next submitted that there is no material on record to suggest any specific allegation of assault against the petitioner. Lastly, it is submitted that the petitioner is in judicial custody since 21.10.2025 having no criminal antecedents. Charge-sheet has already been submitted in the case.
5. Learned counsel for the informant and learned Additional Public Prosecutor for the State have vehemently opposed the prayer.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Vaishali, in
4/4 connection with Raghopur P.S. Case No. 247 of 2025.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U