Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65666 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== Pramod Kumar S/o Hardev Singh Resident of Village- Baijnath Bigha, P.O. Neura, P.S. Parasbigha, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Pathak For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Parasbigha P.S. Case No.11 of 2022, registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code as well as under Section 27 of the Arms Act. The prosecution case, in brief, is that on 19.01.2022 at about 8.00 a.m., petitioner, Pramod Kumar besides co-accused, Dilip Kumar was unloading wood from magic vehicle and the informant was demanding his dues money. In the meantime, coaccused, Khushboo Kumari assaulted with brick which hit on the hand of the informant's wife, Santra Devi. Thereafter co-accused, Pawan Kumar assaulted the informant by means of wooden piece on his leg. Thereafter co-accused, Manish Kumar and Sonu Kumar armed with pistol came there and Manish Kumar opened fire which hit on left hand of the informant's nephew, Sujit Kumar. It is also alleged that the petitioner assaulted Lucky and Vicky by

Patna High Court CR. MISC. No.65666 of 2022(3) dt.06-02-2023 2/2 means of lathi.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is general and omnibus allegation against the petitioner. The specific allegation of firing upon the nephew of the informant is against co-accused, Manish Kumar.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad in connection with Parasbigha P.S. Case No.11 of 2022, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T