Pramod Kumar @ Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2022 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- ANTI District- Gaya ====================================================== Pramod Kumar @ Pramod Yadav Son of Ram Charitar Yadav Resident of Village- Adopur, P.S.- Anti, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate Mr. Gajendra Kumar Singh, Advocate For the State :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-02-2025 Heard Mr. Aryan Singh, learned counsel for the petitioner and Mr. Binod Kumar No.3, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Anti P.S. Case No. 24 of 2024 dated 07.03.2024 registered for the offences punishable under Sections 341, 323, 324, 342, 307, 354, 379, 504 and 506 read with Section 34 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the allegation as to assault by this petitioner using a knife is a complete exaggeration of the prosecution story by the informant and in this regard, the order impugned may be perused, in which the informant's injury has been discussed which shows that he sustained only one lacerated wound in the
Patna High Court CR. MISC. No.2022 of 2025(2) dt.
05-02-2025 2/3 size of 2" X 1/4" on the middle part of head caused by a hard and blunt object while as per the prosecution story narrated in the FIR, the petitioner allegedly inflicted two knife blows and thereafter, other accused persons also assaulted the informant, so, in such a situation there should have been several injuries including sharp cut injuries on the person of the informant but no such type of injury was found on the person of the informant, in fact, the petitioner owns a shop that sells eggs and at the relevant time of the alleged occurrence, the informant came at the shop of petitioner, purchased eggs, but refused to make payment and thereafter, the dispute arose in between them and consequently, an incident of marpit and abusing took place in between them and there is case and counter case in between both the parties.
It is further submitted that the petitioner has fair and clean antecedent and as per the FIR, the alleged occurrence took place on 28.02.2024 at about 5:30 P.M. and the formal FIR was registered on 07.03.2024 but the same was received by the concerned Magistrate on 23.03.2024 which shows some manipulation on the part of the police in collusion with the informant.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.2022 of 2025(2) dt.05-02-2025 3/3
5. Considering the aforesaid submissions advanced by petitioner's counsel and mainly taking into account the fair and clean antecedent of the petitioner coupled with the genesis of the occurrence as pointed out by petitioner's counsel, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Anti P.S. Case No. 24 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. (Shailendra Singh, J) maynaz/- U T