Pramod Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57642 of 2025 Arising Out of PS. Case No.-359 Year-2024 Thana- PAROO District- Muzaffarpur ====================================================== Pramod Pandey S/o Late Rajendra Pandey Village- Bahlolpur, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was withdrawn vide order dated 25.06.2025 passed in Cr. Misc. No. 38707 of 2025.

3. The petitioner seeks bail in connection with Paroo P.S. Case No. 359 of 2024 instituted for the offences under Sections 126(2), 115(2), 127(2), 117(2), 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

4. As per prosecution case, the accusation against the accused persons including the petitioner is of brutally assaulting the informant's seven years old son leading to loss of his vision.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.57642 of 2025(3) dt.30-08-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion and out of malice, grudge and enmity. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature though as per allegation, the petitioner has assaulted the informant's son. The informant is not the eye-witness to the alleged occurrence. He further submits that there is delay of 25 days in lodging the F.I.R. that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. There is a land dispute between the parties. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.05.2025 without any rhymes or reason.

6. Learned counsel for the petitioners again submits that the co-accused Bindu Devi has been granted anticipatory bail by this Court vide order dated 25.06.2025 passed in Cr. Misc. No. 38707 of 2025.

7. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

8. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.57642 of 2025(3) dt.30-08-2025 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paroo P.S. Case No. 359 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T