Pramod Ray @ Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20952 of 2025 Arising Out of PS. Case No.-669 Year-2024 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Pramod Ray @ Pramod Kumar Son of Asharphi Ray @ Asrfi Ray Resident of Manjhauli Dharmdas, P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Usha Kumari Singh, Advocate :
Mrs. Sunidhi Vimal, Advocate For the State :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard Mrs. Sunidhi Vimal, learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Sadar P.S. Case No. 669 of 2024 for the offence under Sections 115(2), 126(2), 303(2), 352, 351(2), 109 and 3(5) of the B.N.S., lodged on 10.10.2024 by the informant, Md. Khurshid.
3. As per the prosecution story, the informant alleged that while he was sitting in a hotel having food, the accused person came armed variously, demanded the key of the motorcycle and upon refusal, allegation is that this petitioner assaulted causing injury on the head. Further, accused persons also assaulted by belt on the body and further
2/4 picked up Rs.5,000/- from the pocket and the gold chain. He was taken to the Sadar Hospital which led to the F.I.R.
4. Learned counsel for the petitioner submits that he do not have criminal antecedent, is a graduate from Dr. B.R. Ambedkar University, Muzaffarpur preparing for competitive examination, only due to enmity implicated. Further, with the help of Medical Certificate of Sadar Hospital which has been produced by her before the court and kept on record where the injury has been found to be simple in nature. The last submission is that without accepting the allegation or outcome of the petition, the petitioner intends to pay Rs.10,000/- for the treatment to the informant by Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP opposes the prayer for bail submitting that there is allegation of assault on this petitioner.
6. Taking into account the aforesaid facts as also that the injury has been found to be simple in nature, petitioner is pursuing study, has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the
3/4 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Sadar P.S. Case No. 669 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at
4/4 liberty to take steps for cancellation of bail bonds.
8. Before parting, this Court would like to put on record its word of appreciation for Mrs. Sunidhi Vimal for her proper assistance rendered in the matter.
(Rajiv Roy, J) vinayak/- U T