Patna High Court – Orders
Pramod Rai vs The State Of Bihar on 4 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52671 of 2025
Arising Out of PS. Case No.-271 Year-2024 Thana- DUMRA District- Sitamarhi
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1. Pramod Rai S/O Brahamdev Rai @ Brahmdev Rai
2. Chhedi Rai S/O Brahamdev Rai @ Brahmdev Rai
3. Anil Kumar @ Anil Rai S/O Brahamdev Rai @ Brahmdev Rai
All are Resident of village- Mirchaiya, PS- Dumra, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ayush Kumar, Advocate
For the Opposite Party/s : Mr.Murli Dhar, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-08-2025
Heard Mr.Ayush Kumar, learned counsel for the
petitioners and Mr.Murli Dhar, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Dumra P.S.Case No.271 of 2024, FIR dated
19.06.2024 registered for the offences punishable under
Sections 109, 110, 114, 115, 182, 194, 195, 201, 202, 203, 111,
120B/34 of the Indian Penal Code.
3. According to prosecution case, all the accused
persons including these petitioners have participated in the
cremation of Abhilasha Kumari (deceased) who was murdered
by Raj Kumar Rai and they have concealed the facts about the
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aforesaid murder from the police.
4. Learned counsel for the petitioners submits that the
allegation as alleged in the FIR is false and fabricated and the
petitioners have not committed any offence as alleged in the
FIR. As per allegation in the FIR, the petitioners and other co-
accused persons concealed the fact in connection with Dumra
P.S.Case No. 372 of 2023 due to which the dead body of the
deceased in connection with Dumra P.S.Case No. 372 of 2023
was not recovered by the police and the petitioners and other
-accused persons have narrated the wrong story before the
police and apart from that, allegation against the petitioners that
they have participated in the cremation of the dead body of the
deceased in connection with Dumra P.S.Case No. 372 of 2023
and except the aforesaid, no other material has come during
investigation against the petitioners to suggest the involvement
of the petitioners in the present occurrence and similarly
situated co-accused persons, namely, Puran Rai and Anr. have
been granted privilege of anticipatory bail by this Court vide
order dated 20.05.2025 passed in Cr. Misc. No.26317 of 2025
and co-accused persons, namely, Ram Padarath Kumar and
others have also been granted privilege of anticipatory bail by
this Court vide order dated 10.07.2025 passed in Cr. Misc.
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No.35037 of 2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for anticipatory bail of the
petitioners and submits that the petitioners and other c-accused
persons have misled the police and apart from that, petitioners
carry one more case other than the present one but fairly
submits that the petitioners are on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and similarly
situated co-accused persons have been granted privilege of
anticipatory bail by this Court, let the petitioners, above named,
in the event of their arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, 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 learned Chief Judicial Magistrate, Sitamarhi
in connection with Dumra P.S.Case No.271 of 2024, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS,2023 and with
other following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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4/4and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
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