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Patna High Court

PRAMENDRA GONDversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that given the petitioner’s extensive criminal antecedents and the seriousness of the alleged assault, regular bail could not be granted.

Summary

Petitioner Pramendra Gond was charged with offences under sections 191(2), 190, 109, 115(2), 126(2), 117(2), 118(1) and 352 of the Indian Penal Code for allegedly assaulting an informant with a sword at Wajirganj More. The petitioner claimed innocence and argued that the injuries were simple and there were no eye‑witnesses. The State opposed bail, highlighting the seriousness of the assault and the petitioner’s 14 prior criminal antecedents. The court noted that the earlier bail application had been rejected on similar grounds and that there were no changed circumstances to merit a different decision. Consequently, the court refused the regular bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail in view of the alleged assault and his prior criminal antecedents
  • Whether the seriousness of the offence and lack of changed circumstances justify denial of bail

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • assault with sword
  • Indian Penal Code
  • high court
  • regular bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90147 of 2025
                       Arising Out of PS. Case No.-29 Year-2025 Thana- Karvandiya District- Rohtas
                 ======================================================
                 PRAMENDRA GOND Son of Dev Gond R/o Village - Basantpur, P.S.-
                 Karwandiya, District - Rohtas (Sasaram)
                                                                  ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Tribhuwan Narayan
                 For the Opposite Party/s :        Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   03-04-2026                         Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail in

                   connection with Session Trial Case No. 369 of 2025 arising out of

                   Karwandiya P.S. Case no. 29 of 2025, for the offence under

                   sections 191(2),190,109,115(2),126(2),117(2),118(1),352 of BNS.

                                   3. The case of the prosecution is that the informant

                   gave his fardbeyan to the SHO, Karwandiya P.S. on 07.04.2025

                   alleging therein that on 06.04.2025 at 09:00 PM, the petitioner and

                   his friend, namely, Shudhir Kumar while coming from Karwandiya

                   to Wajirganj, in the meantime at Wajirganj More, all named

                   accused persons including the petitioner and 4-5 unknown persons

                   having country-made pistol and sword were waiting there. It is

                   further alleged that the petitioner got down from black pulsar

                   (motorcycle) and on the point of pistol asked about his brother

                   Dilipwa and started assaulting. The petitioner is said to have

                   assaulted by sword on the head of the informant, which hit the ear
           Patna High Court CR. MISC. No.90147 of 2025(3) dt.03-04-2026
                                                       2/2




                     of the informant resulting in the ear getting cut. Sudhir received

                     head injury and thereafter fled away.

                                   4. The learned counsel for the petitioner has submitted

                     that the petitioner is innocent and has falsely been implicated. The

                     injuries are simple in nature. There is no eye-witness of the

                     occurrence.

                                   5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                     6. Earlier also, the petitioner had moved an

                     application for bail vide Criminal Miscellaneous No. 52666 of

                     2025, which was rejected on 13.08.2025, considering the fact that

                     the petitioner has 14 criminal antecedents and also that the

                     petitioner has been alleged to have assaulted the informant on the

                     head with a sword, which could have proved very fatal. The

                     petitioner has not been able to make out any case of changed

                     circumstances thereafter, and therefore, I am not inclined to grant

                     bail to the petitioner.

                                   7. Accordingly, the bail application of the petitioner is

                     rejected.


                                              (Alok Kumar Sinha, J)

kundan/-
U      T


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