Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52066 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Pramod Kumar S/O Late Narayan Ram R/O Village and Post- Farna P.S.- Barahar, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyadarshi Pankaj Raj Anand, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Barahara P.S. Case No. 23 of 2025, lodged on 16.02.2025, under Sections 126(2)/115(2)/117(2)/ 109 / 351(2)/352/303(2)/3(5) of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner against whom allegation is that they kept lathi, iron rod in their

Patna High Court CR. MISC. No.52066 of 2025(2) dt.12-08-2025 2/3 hands started assaulting the informant. Specific allegation against the petitioner that he has assaulted with iron rod on the informant's head, due to which injury has been caused and he fell down. Allegation of snatching the gold chain and cash is also against the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that due to village politics his name has been inserted in the present case. He further submits that the informant and the petitioner are well known to each other and on local village politics his name has been inserted in this case. He is absolutely innocent in this matter and basically the victim. Counsel submits that antecedent of the petitioner is clean and he ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner to assault and the Trial Court upon perusal of the case-diary had observed that such allegation is said to be correct.

6. In this view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Hence, the prayer for anticipatory bail of petitioner is hereby rejected. However, in

Patna High Court CR. MISC. No.52066 of 2025(2) dt.12-08-2025 3/3 the event of surrender of the petitioner within six weeks from today, the prayer for regular bail shall be considered in course of the day without being prejudiced by the order of this Court. (Dr. Anshuman, J) Mkr./- U T