Patna High Court
Pramod Yadav @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted bail to the petitioner subject to bond and surety conditions.
Summary
Petitioner Pramod Yadav was arrested in a case registered under Sections 341, 323, 308, 379, 504 and 506/34 of the Indian Penal Code for allegedly assaulting an informant with an iron rod. He contended that the allegation was false, motivated by personal grudge and village politics, and that the injury was simple. The State opposed his bail application. The Court examined the facts, the nature of the injury, and the petitioner’s willingness to cooperate, and decided to grant bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed the bail to be effected within six weeks of arrest or surrender.
Issues considered
- Whether bail should be granted to the petitioner despite charges under multiple IPC sections including assault and robbery
- Whether the alleged injury being simple warrants denial of bail
- Whether the petitioner's claim of false implication due to personal grudge affects the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 308, 323, 341, 379, 504, 506/34
Subjects
- bail
- assault
- Indian Penal Code
- section 341
- section 323
- section 308
- section 379
- section 504
- section 506
- Bharatiya Nagarik Suraksha Sanhita
- political vendetta
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81158 of 2025
Arising Out of PS. Case No.-230 Year-2024 Thana- BARACHATTI District- Gaya
======================================================
Pramod Yadav @ Pramod Kumar Son of Parsuram Yadav Resident of village-
Lahauri PS- Barachatti District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 341, 323, 308, 379, 504 and 506/34 of
the Indian Penal Code.
3. Allegation against the petitioner is that he
assaulted the informant by iron rod causing injury to him.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to personal grudge and
dirty village politics. Further submission is that although there is
allegation against the petitioner of assaulting the informant with
iron rod but from perusal of the injury report, it transpires that
the injury is simple in nature. Petitioner has one criminal
Patna High Court CR. MISC. No.81158 of 2025(2) dt.08-01-2026
2/2
antecedent and he undertakes to cooperate in the investigation
and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-II, Gaya in connection with Barachatti P.S.
Case No. 230 of 2024, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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