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Patna High CourtCR. MISC./63650/2025disposed

Pramod Kumar @ Pramod Kushwaha v. The State Of Bihar

2025-11-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63650 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- BHANGHA District- West Champaran ====================================================== 1.

Pramod Kumar @ Pramod Kushwaha son of Udho Mahto Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran 2.

Heera Ram son of Shivratan Ram Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran 3.

Bihari Hajra @ Lal Bihari Paswan @ Bihari Paswan Son of Late Mahadev Paswan Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran 4.

Mahnth Hajara @ Mahanth Paswan son of Boga Ram Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran 5.

Gulin Manjhi @ Guli Manjhi son of Jarnath Manjhi Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran 6.

Bharat Ram son of Bhagan Ram Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran 7.

Hari Ram son of Shivratan Ram Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran 8.

Sugrim Raut @ Sugrim Patel Son of Ramyash Raut Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran 9.

Lahvar Ram @ Lauhar Ram son of Rajman Ram Resident of Village -Ghorpakari PS -Bhangha Dist -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Shashank Chandra, Advocate For the State :

Mr. Abhay Kumar, APP For the Informant :

Ms. Purnima Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-11-2025 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.63650 of 2025(4) dt.19-11-2025 2/3 registered for the offence punishable under Sections 115(2), 118, 117(2), 109, 126(2), 191(2), 190, 308(2), 352, 351(2), 119(1), 61(2) and 303(2) of the B.N.S..

3. As per prosecution case, on 14.11.2024, it is alleged that all the F.I.R. named accused persons, including these petitioners, abused and assaulted informant and his family members. It is specifically alleged that Petitioner No. 4, namely Mahnth Hajara, assaulted on the head of informant with iron rod.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of land dispute, simple scuffle took place between the parties in which both sides sustained injuries. There is case and countercase. There are general and omnibus accusation of assault against Petitioner Nos. 1, 2, 3, 5, 6, 7, 8 and 9.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they assaulted informant and others. Petitioner No. 4 is alleged to have assaulted on the head of informant with iron rod.

Patna High Court CR. MISC. No.63650 of 2025(4) dt.19-11-2025 3/3

6. Considering the facts and circumstances of the case and specific and direct nature of accusation, the prayer for grant of anticipatory bail to Petitioner No. 4 is rejected.

7. So far as Petitioner Nos. 1, 2, 3, 5, 6, 7, 8 and 9 are concerned, considering the general and omnibus nature of accusation and case and counter-case between the parties, the prayer for grant of anticipatory bail to Petitioner Nos. 1, 2, 3, 5, 6, 7, 8 and 9 is allowed.

8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner Nos. 1, 2, 3, 5, 6, 7, 8 and 9 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Bhangaha P.S. Case No. 98 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

9. With the aforesaid directions, this application stands disposed of.

(Prabhat Kumar Singh, J) shashank/- U T