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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted and rejected the petitioners' application for regular bail.

Summary

The petitioners, Pramod Kumar and Vikash Kumar, were charged in a case arising from an alleged assault on the son of an informant on 7 March 2025, involving lathi, iron rod and stones. The informant, not an eye‑witness, based the FIR on a friend’s account that the deceased, an army personnel, had initiated a fight over a dispute. The petitioners contended that they were falsely implicated and that the allegations were vague and lacked direct evidence. The State opposed bail, emphasizing the seriousness of the offences under multiple sections of the B.N.S. and the multiple injuries sustained by the victim. After hearing both sides, the court declined to grant regular bail, holding that the petitioners were not entitled to bail at this stage. The court allowed the petitioners to re‑apply for bail after the charge‑framing stage.

Issues considered

  • Whether the petitioners are entitled to regular bail pending trial for offences under sections 126, 115, 118, 117, 109, 324 and 3 of the B.N.S.
  • Whether the lack of an eye‑witness and the nature of the allegations justify denial of bail

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(1), 126(2), 324(4), 324(5), 3(5)

Subjects

  • bail
  • assault
  • non‑eye witness
  • criminal procedure
  • Bihar
  • B.N.S. sections
  • pre‑trial detention

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.55165 of 2025
                        Arising Out of PS. Case No.-121 Year-2025 Thana- TEKARI District- Gaya
                 ======================================================
           1.     Pramod Kumar S/O Sri Akhilesh Yadav R/O Village-Mahmanna, PS-Tekari,
                  Distt-Gaya
           2.    Vikash Kumar @ Vikash Yadav S/O Lalu Yadav R/O Village-Mahmanna,
                 PS-Tekari, Distt-Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 61982 of 2025
                        Arising Out of PS. Case No.-121 Year-2025 Thana- TEKARI District- Gaya
                 ======================================================
           1.     Ashok Kumar S/o- Udaya Yadav Village- Mahmanna Ps- Tekari Dist- Gaya
           2.    Raj Kumar Yadav @ Raj Kumar S/o- Late Hiraman Yadav Village-
                 Mahmanna Ps- Tekari Dist- Gaya
           3.    Mayum Kumar @ Mayum Yadav @ Mochin Yadav S/o- Surendra Yadav
                 Village- Mahmanna Ps- Tekari Dist- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 55165 of 2025)
                 For the Petitioner/s     : Mr.Ajay Kumar Thakur
                                            Ms.Vaishnavi Singh
                                            Mr.Ritwik Thakur
                 For the Opposite Party/s : Mr.Raj Kishor Singh
                                            Mr.Manish Kumar No.2
                 (In CRIMINAL MISCELLANEOUS No. 61982 of 2025)
                 For the Petitioner/s     : Mr.Ajay Kumar Thakur
                                            Mr.Ashok Kumar
                 For the Opposite Party/s : Mr.Md. Aslam Ansari
                                            Mr.Gajendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-02-2026              CRIMINAL MISCELLANEOUS No.55165 of 2025

                               1. Heard the learned Advocate for the petitioners, the
Patna High Court CR. MISC. No.55165 of 2025(3) dt.24-02-2026
                                            2/4




          learned APP for the State and the learned counsel appearing on

          behalf of the informant.

                       2. The petitioners seek bail in connection with Tekari

          P. S. Case No.121 of 2025 instituted for the offences under

          Sections 126(1), 126(2), 115(2), 118(1), 117(2), 109, 324(4),

          324(5), 3(5) of the B.N.S.

                       3. The learned counsel for the petitioners submits that

          informant alleges that on 07.03.2025 at about 11.00 P.M. his son

          along with his friends were returning home after attending a

          ceremony on a motorcycle and when they reached near a school,

          they were stopped by the accused persons. Further, the accused

          persons assaulted his son by lathi, danda, iron rod and stones

          causing head injury.

                       4. The learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant is not an eye witness to the occurrence. It is also

          submitted that during course of investigation, it transpired that

          friends of the deceased, who were sitting behind on the

          motorcycle, did not receive any injury in the occurrence. It is

          thus submitted that since the deceased was driving a motorcycle
Patna High Court CR. MISC. No.55165 of 2025(3) dt.24-02-2026
                                            3/4




          with his friends sitting behind and on account of issue of using

          dipper, the occurrence is alleged to have taken place. It is next

          submitted that since the deceased was an army personnel, as

          such, he also got enraged and started a fight on account of

          which, the occurrence took place, but then, it is submitted that

          petitioners are not criminals.

                       5. The learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant opposes the bail

          application. The learned counsel appearing on behalf of the

          informant opposes the bail application and submits that no

          doubt, the allegation of assault is not specific and informant is

          not an eye witness to the occurrence, but then, it was friend of

          the deceased, who disclosed about the occurrence to the

          informant based on which, the FIR came to be instituted. It is

          fairly submitted that allegation of assault is not specific, but

          then, the deceased received more than ten injuries which amply

          demonstrates that the manner in which he was assaulted, but

          then, the friends of the deceased did not receive any injury in

          the occurrence, on which the learned counsel appearing on

          behalf of the petitioners submits that since a dispute with regard

          to use of dipper arose and the deceased being an Army

          Personnel started the fight on account of which, the accused
               Patna High Court CR. MISC. No.55165 of 2025(3) dt.24-02-2026
                                                           4/4




                         persons including the villagers assaulted him, but then, it cannot

                         be said that the accused persons had any intention of committing

                         the occurrence of murder.

                                      6. After hearing the learned counsel for the parties,

                         the Court is not inclined to release the petitioners on bail.

                                      7. The prayer of the petitioners for regular bail stands

                         rejected.

                                      8. However, the petitioners would be at liberty to

                         renew their prayer for bail after framing of charge.

                                     CRIMINAL MISCELLANEOUS No. 61982 of 2025

                                      1. Heard learned counsel for the petitioners and

                         learned APP for the State and the learned counsel appearing on

                         behalf of the informant.

                                      2. The Court is not inclined to release the petitioners

                         on bail.

                                      3. The prayer of the petitioners for regular bail stands

                         rejected.

                                      4. However, the petitioners would be at liberty to

                         renew their prayer for bail after framing of charge.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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