Patna High CourtCR. MISC./38206/2025bail granted

Pramanand Ray @ Parmanand Rai v. The State Of Bihar

2025-06-19Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38206 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Pramanand Ray @ Parmanand Rai S/o Late Madhu Ray R/o VillageSamsipur, Bichli Deera Ward No 7, Chamtha Chiraiyatok, PS- Bachhwara, District- Begusarai 2.

Amarjeet Ray S/o Pramanand Ray @ Parmanand Rai R/o Village- Samsipur, Bichli Deera Ward No 7, Chamtha Chiraiyatok, PS- Bachhwara, DistrictBegusarai 3.

Bipin Ray @ Bipin Kumar Ray S/o Pramanand Ray @ Parmanand Rai R/o Village- Samsipur, Bichli Deera Ward No 7, Chamtha Chiraiyatok, PSBachhwara, District- Begusarai 4.

Kundan Kumar @ Bhulla @ Kundan Kumar Bhulla S/o Pramanand Ray @ Parmanand Rai R/o Village- Samsipur, Bichli Deera Ward No 7, Chamtha Chiraiyatok, PS- Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2025 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioners and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bachhwara P.S. Case No.83 of 2025, F.I.R. dated 12.03.2025 for the offences punishable under Sections 115(2), 127(1), 109, 351, 351(2), 3(3) of Bharatiya Nyay Sanhita, 2023.

3. According to prosecution case, the informant along with his two brothers went to their uncle's house. In the meantime, the petitioners along with other accused persons started arguing

Patna High Court CR. MISC. No.38206 of 2025(2) dt.19-06-2025 2/3 with the informant. On objection made by the informant, they assaulted him and when the informant's brothers tried to save him, the, accused persons abused and assaulted them also.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. It appears from the FIR that due to admitted land dispute the present occurrence took place. Although the petitioners are named in the FIR but there is no specific allegation of assault or overt act against them rather specific allegation is attributed against co-accused person, namely, Sanjay Rai that he assaulted the informant on his head with bamboo stick.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances, petitioners have clean antecedent and there is no specific allegation of assault or overt act against them rather specific allegation is attributed against co-accused person, let the petitioners, above named, in the event of 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magisrate, Begusarai in connection with Bachhwara P.S. Case

Patna High Court CR. MISC. No.38206 of 2025(2) dt.19-06-2025 3/3 No.83 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) Suruchi/- U T