Pramod Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36916 of 2026 Arising Out of PS. Case No.-183 Year-2025 Thana- DHAMDAHA District- Purnia ====================================================== 1.
Pramod Kumar Roy S/o Late Yogendra Roy R/o Village - Mugaliya Purandaha, P.S - Dhamdaha, District - Purnea 2.
Reena Devi W/o Pramod Kumar Roy R/o Village - Mugaliya Purandaha, P.S - Dhamdaha, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal- Sr. Advocate Mr. Bidhu Ranjan- Advocate Mr. Kumar Rajdeep- Advocate For the State :
Mr. Sunil Kumar Pandey- A.P.P.
For the Informant :
Mr. Dhananjay Kumar- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-06-2026
1. Heard learned senior counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 3(5) of the B.N.S. and Sections 3 and 4 of the Prevention of Witch Practices Act.
3. The learned senior counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.2 is a woman and the informant alleges that
Patna High Court CR. MISC. No.36916 of 2026(2) dt.15-06-2026 2/3 accused persons entered his house and assaulted his mother on pretext of being a Witch.
4. The learned senior counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that police after threadbare investigation came to a considered conclusion that petitioners are innocent and thus submitted final form exonerating the petitioners of the allegation as alleged in the FIR but then the learned Magistrate differing with the police report took cognizance as such petitioners apprehend. It is next submitted that when one investigating agency after threadbare investigation came to a considered conclusion that petitioners are innocent whether it would be prudent for the court to send the petitioners to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioners of the allegations.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application.
6. Considering the submissions made by the learned senior counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court
Patna High Court CR. MISC. No.36916 of 2026(2) dt.15-06-2026 3/3 below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Dhamdaha P. S. Case No.183 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T