Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34742 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== 1.

Pramod Yadav son of Madhusudan Yadav Resident of Village- Bamochak, P.S.- Harnaut, Dist.- Nalanda 2.

Amod Kumar @ Kanhaiya son of Madhusudan Yadav Resident of VillageBamochak, P.S.- Harnaut, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar Sinha, Sr. Advocate Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP For the informant :

Mr. Bhola Prasad, Advocate Mr. Satya Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-09-2024 Heard Mr. Devendra Kumar Sinha, learned senior counsel along with Mr. Pramod Kumar Sinha, learned counsel appearing on behalf of the petitioners; Mr. Pranav Kumar, learned APP for the State and Mr. Bhola Prasad along with Mr. Satya Prakash, learned counsels for the informant.

2. The petitioners seek pre-arrest bail in connection with Harnaut P.S. Case No. 54 of 2024 registered for the offence(s) punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioners had assaulted

Patna High Court CR. MISC. No.34742 of 2024(4) dt.18-09-2024 2/3 the informant, as a result of which he sustained injuries.

4. Learned senior counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. He further submitted that petitioners and informant are neighbours and there is case and counter case between the parties.

5. Learned counsel appearing on behalf of the O.P. No.2 has vehemently opposed the prayer for grant of pre-arrest bail.

6. Learned APP for the State has submitted that the vague injury report has been furnished along with the case diary and from which, it cannot be said, as to whether, the injury is grievous or simple in nature.

7. Having considered the rival submissions made on behalf of the parties, the learned District Court is directed to verify, as to whether, the injury is grievous or simple in nature. If the injury is simple in nature, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda

Patna High Court CR. MISC. No.34742 of 2024(4) dt.18-09-2024 3/3 at Biharsharif in connection with Harnaut P.S. Case No. 54 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The bail application stands disposed of.

(Purnendu Singh, J) Sanjay/- U