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Patna High Court

Pramod DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was granted to petitioners 2, 6 and 7 subject to conditions, and the applications of petitioners 1, 3, 4 and 5 were disposed with liberty to move before the lower court.

Summary

The petitioners, members of the Pramod Das family, feared arrest in a case concerning alleged assault with swords and lathis over a land dispute, for which they were charged under multiple sections of the Bihar Negotiable Securities Act. The prosecution alleged they injured the informant’s relatives and stole a gold chain. The petitioners contended they were innocent, the dispute had been settled, and they had clean antecedents, seeking anticipatory bail. The court examined the prima facie case and the petitioners’ claims, and granted anticipatory bail to petitioners 2, 6 and 7 subject to a Rs 10,000 bond and conditions under Section 438(2) CrPC and Section 482 BNSS. The applications of petitioners 1, 3, 4 and 5 were disposed, with liberty to approach the lower court to verify any compromise. The order emphasized compliance with bail conditions and verification by the subordinate court.

Issues considered

  • Whether anticipatory bail should be granted to petitioners 2, 6 and 7 under Section 438 CrPC
  • Whether the prosecution has established a prima facie case warranting denial of bail
  • Whether the applications of petitioners 1, 3, 4 and 5 should be dismissed pending verification of compromise

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • land dispute
  • assault
  • criminal procedure
  • bail conditions
  • settlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88459 of 2025
                    Arising Out of PS. Case No.-73 Year-2025 Thana- Madhusudanpur District- Bhagalpur
                 ======================================================
           1.     Pramod Das S/O Aukat Das R/o Village- Gobindpur, P.S.- Madhusudanpur,
                  District-Bhagalpur
           2.    Sabita Devi W/O Pramod Das                    R/o    Village-    Gobindpur,      P.S.-
                 Madhusudanpur, District-Bhagalpur
           3.    Sanjiv Kumar S/O Pramod Das                    R/o    Village-   Gobindpur,      P.S.-
                 Madhusudanpur, District-Bhagalpur
           4.    Nitish Kumar S/O Pramod Das                    R/o   Village-    Gobindpur,      P.S.-
                 Madhusudanpur, District-Bhagalpur
           5.    Sonu Kumar S/O Pramod Das                     R/o    Village-    Gobindpur,      P.S.-
                 Madhusudanpur, District-Bhagalpur
           6.    Sangita Kumari @ Sangita Devi W/O Sanjiv Kumar R/o Village-
                 Gobindpur, P.S.- Madhusudanpur, District-Bhagalpur
           7.    Payal Mina @ Payal Devi W/O Sonu Kumar R/o Village- Gobindpur, P.S.-
                 Madhusudanpur, District-Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ambrish Kr Jha, Advocate
                 For the Opposite Party/s :        Mr.Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Madhusudanpur P.S. Case No. 73 of 2025

                   registered for the offence under Sections 126(2)/ 115(2)/ 117(2)/

                   303(2)/ 74/ 352/ 351(2)(3)/ 3(5) of B.N.S.

                                   3. As per the prosecution case, the accused persons
Patna High Court CR. MISC. No.88459 of 2025(2) dt.15-01-2026
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          armed with swords and lathis assaulted the informant’s parents

          and brother over a land dispute, causing head injuries. They

          allegedly snatched a gold chain, issued threats, and the injured

          were treated in Bhagalpur hospital.

                       4. It has been submitted by the learned counsel for the

          petitioners that the petitioners are innocent and they have falsely

          been implicated in this case. It is next submitted that the parties

          have settled their dispute. Petitioners have clean antecedent.

                        5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                          6. Considering the aforesaid facts, this application

          on behalf of petitioner nos. 2, 6 and 7 stand allowed.

                         7. Let the petitioner nos. 2, 6 and 7, above named, in

          the event of their arrest or surrender before the concerned Court

          below within four weeks from today, be released 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 the

          learned J.M. 1st Class, Bhagalpur/ concerned Court below in

          connection with Madhusudanpur P.S. Case No. 73 of 2025,

          subject to the conditions laid down in Section 438(2) of the

          Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                       8. So far as petitioner nos. 1, 3, 4 and 5 are
              Patna High Court CR. MISC. No.88459 of 2025(2) dt.15-01-2026
                                                          3/3




                        concerned , their application is disposed of with liberty to move

                        before the learned court below. The learned court below shall

                        verify the compromise, if any, and pass a reasoned order in

                        accordance with law.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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