Patna High Court
Pramod Kumar @ Pramod Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Pramod Kumar Yadav, sought bail in a criminal case (Asarganj P.S. Case No. 131 of 2025) where he was accused under Sections 103(1) and 3(5) of the B.N.S. for the death of his brother, whose body was found in the same house. The prosecution alleged his involvement, while the petitioner claimed innocence, asserting no material evidence linked him to the crime and that he has a clean antecedent. The State opposed the bail application. The Court, after considering the facts and circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The order was limited to the bail matter and did not express any opinion on the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the B.N.S. considering the facts and circumstances of the case
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Section 103
- Section 3
- B.N.S.
- High Court
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1287 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- ASARGANJ District- Munger
======================================================
Pramod Kumar @ Pramod Kumar Yadav S/o Late Nevi Yadav Resident of
Village - Sajua, P.S - Asarganj, District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Asarganj P.S. Case No. 131 of 2025, registered for the offence
punishable under Sections 103(1), 3(5) of B.N.S.
3. As per the prosecution case, the dead body of the
deceased was found in the same house in which the petitioner
who is brother of the deceased was staying because of that
petitioner has been made accused.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. It has further been submitted that during
investigation, no material has come to connect the petitioner
with the crime. The petitioner is in custody since 15.09.2025
Patna High Court CR. MISC. No.1287 of 2026(4) dt.27-04-2026
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having clean antecedent.
5. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
6. Considering the facts and circumstances, this
application is allowed. Let the petitioner, above named, be
released on bail upon furnishing bail bonds of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Munger
/concerned Court below in connection with Asarganj P.S. Case
No. 131 of 2025.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
sanjeev/-
U T
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