Pramod Yadav @ Pramod Kumar @ Parmod Yadav @ Parmod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50628 of 2025 Arising Out of PS. Case No.-760 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Pramod Yadav @ Pramod Kumar @ Parmod Yadav @ Parmod Kumar S/o Ram Prasad Yadav R/o Village - Devi Chand Pipra , P.s - Fatehpur , District -Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brijmohan Das, Advocate For the State :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-07-2025 Heard Mr. Brijmohan Das, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 26.03.2025, in connection with Fatehpur P.S. Case No. 760 of 2022, F.I.R. dated 30.11.2022 registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.
3. According to the prosecution case, the petitioner along with other co-accused persons assaulted the informant due to which she suffered head injury. It is further alleged that coaccused persons also assaulted the informant's family members and snatched valuable ornaments from them.
4. Learned counsel for the petitioner submits that the
2/4 petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is in custody since 26.03.2025 and it appears from the F.I.R. itself that due to admitted land dispute the present occurrence had taken place. Although, there is specific allegation against the petitioner that he has assaulted the informant and his family members but due to admitted land dispute the present occurrence had taken place. It appears from the F.I.R. itself that the date of occurrence as alleged in the F.I.R. is 18.11.2022 but the present F.I.R. was instituted on 30.11.2022 after delay of about twelve (12) days without giving any explanation of delay which suggests that the informant has falsely implicated the petitioner and his family members.
He further submits that co-accused person namely Manoj Yadav has been granted the privilege of anticipatory bail by this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 9527 of 2024 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 26.03.2025.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
3/4 and the fact that the petitioner having clean antecedent and due to admitted land dispute the preset occurrence had taken place as well as co-accused person has been granted the privilege of anticipatory bail by this Court and the police after investigation submitted chargesheet against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Xth, Gaya in connection with Fatehpur P.S. Case No. 760 of 2022, subject to the following conditions :-
(1) Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for
4/4 cancellation of bail bond of the petitioner. 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) Ibrar//- U T