Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55318 of 2025 Arising Out of PS. Case No.-50 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Pramod Kumar S/o Brahmadev Singh R/O Village- Tilari, P.S.- Neemchak Bathani, District-Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Asgher Najmi, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is not named in F.I.R. and apprehending his arrest in connection with Neemchak Bathani P.S. Case No. 50 of 2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 333, 353, 337, 338, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per case of the prosecution, on 16.03.2024 at about 5.10 hours, the informant alongwith police team had gone to raid accused of Neemchak Bathani P.S. Case No. 48/2024 at Chandachak Ghat near Paimar river, for supervision of the sand seized in the said case, however,
Patna High Court CR. MISC. No.55318 of 2025(2) dt.08-08-2025 2/3 when they reached there, the accused persons surrounded raiding party and assaulted them with iron rod, lathi, danda and brick etc. causing injuries to the informant and constables. The local people disclosed the name of accused persons, who alleged to be Sand Mafia.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was not named in the FIR and his name transpires during the course of investigation only on the basis of suspicion. It is submitted that all injuries received by injured persons are simple in nature caused by hard and blunt substance and, moreover, the several similarly alleged named co-accused persons were granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 65629 of 2024 dated 01.10.2024. Petitioner found involved in one more criminal case of different nature, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances and by taking note of fact as several named coaccused persons as mentioned aforesaid granted anticipatory
Patna High Court CR. MISC. No.55318 of 2025(2) dt.08-08-2025 3/3 bail by one of the learned co-ordinate Bench of this Court, accordingly, considering judicial parity, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya/concerned Court, where the case is pending in connection with Neemchak Bathani P.S. Case No. 50 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T