Praduman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14884 of 2025 Arising Out of PS. Case No.-296 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== 1.
Praduman Kumar Son of Ramakant Singh 2.
Suraj Kumar son of Ramakant Singh Both are Resident of Village-Kharaiya, P.S-Pasraha, District-Khagaria, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Seema Kumari, Advocate For the Opposite Party/s :
Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2025 Heard Ms.Seema Kumari, learned counsel for the petitioners and Ms.Asha Kumari, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Pasraha P.S.Case No.296/2024, FIR dated 05.12.2024 registered for the offences punishable under Sections 115(2),126(2),109,76,329(3),352/351(2),3(5) of Bhartiya Nyay Sanhita.
3. Case of the prosecution, in brief as reported by the informant is that on dated 03.12.2024 while informant's wife was returning to her house after feeding her goat, petitioners and other co-accused persons came armed with weapons on motorcycle and assaulted informant's wife due to which she got
2/4 injured. It is further alleged that accused persons molested informant's wife and his grand-daughter and threatened the informant. Later on, injured was carried to Sadar Hospital, Gogri and Khagaria for treatment.
4. Learned counsel for the petitioners submits that petitioner No.1 carries one more case other than the present one in which he is already on bail and petitioner No.2 has clean antecedent and they have falsely been implicated in the present case. The present case is counter blast of Parsaha P.S.Case No.293 of 2024 filed by the co-accused person, namely, Bhupendra Kumar Singh @ Bhupt Singh against the informant and his family members and from a bare perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, there is no specific allegation of any assault or overt-act attributed against the petitioners and there is case and counter case, let the petitioners,
3/4 above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Pasraha P.S.Case No.296/2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T