Patna High Court
PRAMENDRA GONDversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
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
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 352
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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