Amod @ Amod Prajapati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41336 of 2025 Arising Out of PS. Case No.-282 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.
Amod @ Amod Prajapati S/O Srihasan Kumhar @ Sri Sigasan Kumhar R/O Village- Kekada, P.S- Mohania, Kaimur at Bhabua, Pin - 821109. 2.
Janardan Kumhar @ Janardan Prajapati @ Janardan Prasad S/O Sri Niwas Kumhar R/O Village- Kekada, P.S- Mohania, Kaimur at Bhabua, Pin - 821109.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anjani Kumar Sinha No. 1, Adv.
For the Informant :
Mr. Ashok Kumar Garg, Adv.
Mr. Sanjiv Kumar Pathak, Adv.
For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard Mr. Anjani Kumar Sinha, learned counsel for the petitioners; Mr. Ashok Kumar Garg, learned counsel for the informant and Mr. Pramod Kumar Pandey, learned APP for the State.
2. The petitioners have prayed for bail in connection with Mohania P.S. Case No. 282 of 2025 registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109(1) of the B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioners along with others have assaulted badly the father of the
Patna High Court CR. MISC. No.41336 of 2025(3) dt.06-08-2025 2/3 informant. When the informant went to complain, it is alleged that petitioner no. 2 namely, Janardan Kumhar made a fire, which missed. It is also alleged that petitioner no. 2, assaulted with the butt of the country-made pistol and after that all the accused persons assaulted the informant with lathi and gadasha.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. He also submits that there is also a counter version of this case, which is annexed as annexure-P/2. It has also been submitted that both parties are agnates. He further submits that as far as petitioner no. 1 is concerned, the nature of allegation is general and omnibus whereas petitioner no. 2 has assaulted with the butt of the country-made pistol. The learned counsel for the petitioner has also brought to the notice the order of the trial court, which goes to show that the informant has received following injuries: (i) Reddish wound inside mouth on right side approx 3x1cm x muscle deep (ii) Swelling on lateral aspect of right eyebrow approx 2x2 cm (iii) Tenderness along neck. It has lastly been submitted that a statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 08.04.2025.
Patna High Court CR. MISC. No.41336 of 2025(3) dt.06-08-2025 3/3
5. The application for bail is opposed by learned APP for the State and the learned counsel for the informant and submits that the father of the informant has received grievous injury.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Mohania, Kaimur at Bhabua in connection with Mohania P.S. Case No. 282 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T