Pramod Kumar @ Pramod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46028 of 2025 Arising Out of PS. Case No.-802 Year-2024 Thana- GARKHA District- Saran ====================================================== Pramod Kumar @ Pramod Rai S/o Harendra Ray @ Harendra Kumar R/o Village- Tahal Tola, P.S.- Garkha, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2025

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Garkha P.S. Case No. 802 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 132, 324(4), 324(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The learned counsel for the petitioner submits that petitioner has antecedent of one case and according to the prosecution case, it is alleged that all the F.I.R named accused persons including the petitioner along with 50 unidentified persons came and assaulted the tractor driver as well as police personnel and also damaged their vehicles.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.46028 of 2025(3) dt.19-09-2025 2/3 petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault is general and omnibus in nature and no specific overt act has been alleged against the petitioner. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned Additional Public Prosecutor for the State opposes the anticipatory bail application of the petitioner.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra in connection with Garkha P.S. Case No. 802 of 2024, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the

Patna High Court CR. MISC. No.46028 of 2025(3) dt.19-09-2025 3/3 learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

8. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

9. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T