Patna High Court
Pramod Pathak @ Pramod Kumar PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Petitioner Pramod Pathak, arrested on 17 May 2025, sought bail in a case (PS Kalyanpur Case No.125 of 2025) involving offences under Sections 127(2), 115(2), 118(1), 76, 109, 303(2), 351(2), 352 and 3(5) of the Bihar Narcotic Substances Act, 2023. The petition alleged that he was falsely implicated in a violent incident stemming from a land dispute, wherein several persons were injured with swords, rods and petrol. The petitioner claimed a clean antecedent, willingness to cooperate with trial, and that the injuries alleged against him were simple. The State opposed bail. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to satisfaction of the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bihar Narcotic Substances Act, 2023
- Whether the claim of false implication and clean antecedent warrants grant of bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 127(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- false implication
- land dispute
- criminal procedure
- anticipatory bail
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56531 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
Pramod Pathak @ Pramod Kumar Pathak Son of Late Badrinath Pathak @
Badri Pathak Resident of Village- Koila Belwa, ps- Chakia, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 09-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 127(2), 115(2), 118(1), 76,
109, 303(2), 351(2), 352 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 17.05.2025 and the informant alleges that her agnates
named in the FIR along with petitioner came and started
breaking the door, accordingly she came out and forbade them
from breaking the door, on which Khushboo ordered to set her
ablaze by sprinkling petrol, accordingly, Rithik brought petrol
and Shiv Vinay Pandey assaulted her by sword causing injury
Patna High Court CR. MISC. No.56531 of 2025(4) dt.09-01-2026
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on head, thereafter Khushboo also assaulted by sword causing
second injury on head, and Rithik assaulted by rod causing
injury on leg, further petitioner assaulted Ram Vinay by sword
causing injury on hand and leg, thereafter, Rithik and Kundan
assaulted Vipul by rod causing injury and Shiv Vinay Pandey
tore her blouse while Khushboo and Malti took away her earring
and bangles.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case on account of dispute relating to land. It is next
submitted that petitioner is alleged to have assaulted Ram Vinay
by sword causing injury on hand and leg but then the injury has
been opined to be simple in nature and charge sheet has been
submitted. It is also submitted that petitioner will not abscond
rather will cooperate in the trial to prove his innocence. It is
next submitted that Shiv Vinay Pandey had approached this
Court seeking anticipatory bail by filing Cr. Misc. No.60351 of
2025 and the same came to be allowed by an order dated
16.09.2025.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.56531 of 2025(4) dt.09-01-2026
3/3
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, East Champaran at Motihari, in connection with
Kalyanpur P.S. Case No. 125 of 2025.
(Satyavrat Verma, J)
amit/-
U T
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