Pramod Kumar @ Pramod Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44373 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Pramod Kumar @ Pramod Kumar Rai S/o Late Lalbabu Yadav R/o VillageMokhlishpur, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shanti Bhushan Singh, Advocate For the State :

Dr. Ajeet Kumar, APP For the Informant :

Mr. Nafisuzzoha, Advocate Mr. Kundan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 302(2), 109, 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is that informant was at his field along with his brother Firoz Alam. All the accused persons named in the FIR including this petitioner armed with Hockey stick and pistol came and started abusing the informant. On objection, the petitioner ordered to assault the informant on which co-accused Umesh Yadav and Manoj Yadav put gamchcha around the neck of the informant and dashed him and all the accused persons assaulted him with slaps and fists. It is further alleged that the petitioner assaulted the informant with

Patna High Court CR. MISC. No.44373 of 2025(3) dt.06-08-2025 2/2 hockey stick on his head with an intention to kill due to which he sustained head injury and when the informant's brother came to save the petitioner, he was also assaulted with hockey stick on his head.

4. Learned counsel for the petitioner has submitted that the nature of injury which has been sustained by the informant except one is grievous. It has also been submitted that there is case and counter case. The occurrence has taken place on a trivial issue.

5. Learned counsel for the Informant is present and he has vehemently opposed the bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banjaria P.S. Case No. 143 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, East Champaran, Motihari.

(Ashok Kumar Pandey, J) durgesh/- U T