Pramendra Gond @ Parmendra Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51400 of 2025 Arising Out of PS. Case No.-322 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Pramendra Gond @ Parmendra Gond S/o Late Dev Gond @ Dew Goud R/o Village- Basantpur Tola (Basantpur), P.S.- Sasaram (M), (Karwandia), District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parwej Khan, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Sasaram (M) P.S. Case No. 322 of 2024, registered for the offences under Sections 127(1), 115(2), 109 and 132 of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, when the excise team went to investigate the trade of illicit liquor at certain place, 6-7 persons entered into scuffle with two of the officials of the team and one of them shot at a constable who accompanied the informant from his pistol and the shot hit his left hand. Further firing was made but the shot did not hit either the informant or his associates. The name of the petitioner transpired during
2/4 investigation for also being involved in the said occurrence.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No cogent material has come up against the petitioner to show his involvement. The injury sustained by the associate of the informant is in his hand which is not a vital part of the body. No firearm has been recovered during investigation. In fact nothing incriminating has been recovered from person or possession of this petitioner. The petitioner was named in this case on saying of co-accused, Manish Kumar but the said co-accused is on inimical terms with this petitioner due to Panchayat Election. Learned counsel further submits that even the motorcycle recovered from the spot does not belong to this petitioner.
The petitioner has no concern with the other co-accused persons or opening fire on excise team. Learned counsel further submits that charge sheet has already been submitted. The petitioner is in custody since 09.04.2025. Learned counsel further submits that the petitioner is having antecedent of 15 cases but most of the cases are under Excise Act and he is on bail in all the cases.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P.
3/4 further submits that allegation against the petitioner is of opening fire upon an excise constable and further submits that the petitioner is having a long criminal history.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the vague nature of allegation against the petitioner, his period of custody and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram/concerned court, in connection with Sasaram (M) P.S. Case No. 322 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the
4/4 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T