Pramod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26440 of 2025 Arising Out of PS. Case No.-445 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Pramod Manjhi S/O Munna Manjhi R/O Village- Damodarpur Koria, P.SLakhisarai, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2025 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner and Ajit Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Lakhisarai P.S. Case No. 445/24, dated 13.07.2024 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 117(2), 3(5) of the BNS

3. The prosecution case in short is that on 10.7.24 the son of the informant went to attend the marriage ceremony of the daughter of the co-villager Sonu Manjhi and about 3:00 A.M., Pramod Manjhi along with other co-accused assaulted his son with Lathi on his nose and the blood began to ooze from the nose who was taken to the nearest hospital for hospital for treatment from where he was referred to Jamui for better treatment.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.26440 of 2025(2) dt.01-05-2025 2/3 submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Although, the petitioner is named in the F.I.R., but from perusal of the F.I.R. it transpires that the allegation of assault is attributed against the petitioner and other co-accused person but there is no specific allegation of any assault or overt act attributed against the petitioner and it appears from the impugned order that the prosecution had not produced any medical evidence which suggests that the son of the informant has received any injury.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act attributed against the petitioner, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No. 445/24 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with

Patna High Court CR. MISC. No.26440 of 2025(2) dt.01-05-2025 3/3 other following conditions:- (I) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers 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 petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the 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) Saif/- U T