Patna High Court
Pramod Kumar @ Pramod Yadav @ Parmod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the B.N.S.S.
Summary
The petitioners, residents of Khushiyali village, sought anticipatory bail after being implicated in a land‑dispute related case (PS Case No. 92 of 2025) alleging assault and grievous hurt under several sections of the B.N.S. The prosecution alleged that the petitioners, along with others, forcibly ploughed an informant's land and assaulted the informant and his brother with sticks and an iron rod, causing serious injuries. The petitioners contended that the allegations were fabricated due to prior enmity and that the injury report showed only simple injuries, rendering the charges baseless. The State opposed bail, but the court, considering the nature of the injuries, the land‑dispute context, and the possibility of false implication, exercised its power under Section 482 of the B.N.S.S. to grant anticipatory bail. The court ordered release on bail within four weeks upon furnishing a bond of Rs.10,000 with two sureties, one of whom must be a close relative.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482 of the B.N.S.S. in view of the alleged offences.
- Whether the allegations against the petitioners are false and stem from a land‑dispute, thereby affecting the merit of the bail application.
- Whether the nature and extent of the alleged injuries justify denial of bail.
Legislation cited
Subjects
- anticipatory bail
- land dispute
- assault
- grievous hurt
- false implication
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6043 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- MARAUNA District- Supaul
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1. Pramod Kumar @ Pramod Yadav @ Parmod Kumar Son of Laleshwar
Yadav Resident of Village- Khushiyali, Ward No.-11, PS- Marauna, District-
Supaul
2. Saroj Yadav son of Laleshwar yadav Resident of Village- Khushiyali, Ward
No.-11, PS- Marauna, District- Supaul
3. Amerika Devi Wife of Laleshwar Yadav Resident of Village- Khushiyali,
Ward No.-11, PS- Marauna, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Nitu Kumari
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Marauna P.S. Case No. 92 of 2025 for the
offence under Sections 126(2), 115(2), 109, 74, 303(2),,
352, 351(2) and 3(5) of the BNS.
3. As per the prosecution case, on 15.07.2025 at
about 04:30 A.M., the accused persons namely Laleshwar
Yadav, Saroj Yadav, Pramod Kumar, America Devi, and 4–5
unknown persons, unlawfully assembled with common
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intention and armed with sticks, iron rods, and other deadly
weapons, and were forcibly ploughing the informant’s
private land with a tractor. When the informant went to his
field in the early morning, he noticed that his land was
being forcibly ploughed. Upon objecting, the accused
persons abused him in filthy language. When the informant
protested against the abuse, all the accused persons
assaulted him by means of sticks. On hearing the hue and
cry, the informant’s younger brother Ram Ekbal Yadav
rushed to the spot to rescue him. At that time, accused Saroj
Yadav (petitioner no. 2) and Pramod Yadav (petitioner no.
1), with intention to kill, assaulted Ram Ekbal Yadav on his
head with an iron rod, causing grievous head injuries,
profuse bleeding, and rendering him unconscious.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely
implicated in the present case due to prior enmity arising
out of a land dispute and village rivalry. The prosecution
story is wholly false, concocted, and fabricated, and does
not disclose the true facts and circumstances of the case. No
such occurrence, as alleged in the F.I.R., has ever taken
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place in respect of the petitioners. It is further submitted
that a bare perusal of the F.I.R. would reveal that the
allegations levelled against the petitioners are general and
omnibus in nature, without any specific overt act being
attributed to them. Learned counsel further submits that the
present case is a counterblast to Marauna P.S. Case No. 93
of 2025, which was earlier lodged by petitioner no. 3
against the informant and his family members. It is also
submitted that the injury report of the alleged injured
persons, annexed as Annexure-P/2 to the bail application,
clearly demonstrates that the injuries sustained are simple in
nature, thereby falsifying the allegation of a brutal assault as
projected by the prosecution.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, and
considering the nature of injuries as also the the land
dispute between the parties, this Court is inclined to extend
them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the
event of arrest or surrender within a period of four weeks
from the date of receipt of this order, on furnishing bail
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bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Judicial
Magistrate First Class, Supaul, in connection with Marauna
P.S. Case No. 92 of 2025 subject to the conditions as laid
down under Section 482 of B.N.S.S., as also with the
condition that one of the bailors should be close relative of
the petitioner.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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