Pramod Kumar @ Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35951 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- Panchanpur District- Gaya ====================================================== Pramod Kumar @ Pramod yadav S/o Late Kishori Yadav R/o VillageDighaura, P.S.- Panchanpur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Panchanpur P.S. Case No. 143 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per prosecution case, petitioner is said to have assaulted informant's mother by grabbing her hair as a result of which informant's mother became unconscious and fell down.
4. Learned counsel for the petitioner submits that there is case and counter case between the parties on the same date of occurrence on the dispute with regard to pavement and
Patna High Court CR. MISC. No.35951 of 2025(2) dt.18-06-2025 2/3 in such cases facts are generally exaggerated to make the offence graver. He further submits that the occurrence took place on 29.10.2024, FIR was registered on 06.11.2024 and it was sent to Magistrate on 25.11.2024 and there is delay at every stage which creates doubt upon the authenticity of the prosecution story. Though, specific allegation of assaulting the informant's mother is attributed against the petitioner but learned counsel for the petitioner orally submits that no injury report of informant's mother is available on record which clearly indicates that informant's mother has sustained no injury. He further submits that from the perusal of FIR, it is appears that two persons have sustained injury but petitioner is not the assailant of any of the aforesaid injured persons. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner
Patna High Court CR. MISC. No.35951 of 2025(2) dt.18-06-2025 3/3 above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - VIII, Gaya in connection with Panchanpur P.S. Case No. 143 of 2024, subject to the conditions as laid down under Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J) alok/- U T