Patna High Court

Pramod Kumar @ Pramod RayversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Pramod Kumar, was implicated in a case (PS‑71/2025) alleging assault on an informant with weapons, under multiple provisions of the Bharatiya Nyaya Sanhita. He contended that the informant’s statement was recorded after an eight‑day delay without explanation, and that he was falsely implicated, having no prior criminal record. The petitioner sought anticipatory bail, pointing out that similarly situated co‑accused had already been granted bail by a coordinate bench of the same court. The State opposed the bail application. Considering the lack of specific overt acts against the petitioner, his clean antecedent, the delay in the statement, and the precedent of bail to co‑accused, the court ordered bail subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the FIR alleging multiple offences.
Whether the eight‑day delay in recording the informant’s statement warrants bail.
Whether the grant of bail to similarly situated co‑accused influences the petitioner’s bail application.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 127(2), 303(2), 3(5), 351(2), 352, 74

Subjects

anticipatory bail
delay in statement
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
co‑accused precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.14554 of 2026
                    Arising Out of PS. Case No.-71 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
                 Pramod Kumar @ Pramod Ray S/o Ram Pravesh Ray R/o Village - Harsher,
                 P.S - Siwaipatti, District - Muzaffarpur
                                                                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :        Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   12-03-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 127(2), 115(2), 118(1), 117(2), 109(1),

                   303(2), 74, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                   3.    As per the F.I.R., eight co-accused persons

                   including the petitioner armed with lathi, danda and farsa

                   abused and assaulted the informant due to which he sustained

                   injuries.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to suspicion. Further

                   submission is that the fardbeyan of the informant was taken on

                   13.04.2025 i.e. after a delay of almost eight days from the date

                   of occurrence and no plausible explanation has been given

                   regarding the said delay. No specific overt act is alleged against
            Patna High Court CR. MISC. No.14554 of 2026(2) dt.12-03-2026
                                                        2/2




                      the petitioner. Similarly situated co-accused persons have

                      already been granted anticipatory bail by a Co-ordinate Bench

                      of this Court vide order dated 15.09.2025 passed in Cr. Misc.

                      No. 63781 of 2025. Petitioner has got no criminal antecedent

                      and he undertakes to cooperate in the investigation and trial.

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

                      bail.

                                   6. Having considered the facts and circumstances of

                      the case, nature of allegation against the petitioner, similarly

                      situated co-accused persons have been granted bail and clean

                      antecedent of the petitioner, let the above named petitioner be

                      released on bail, in the event of arrest or surrender before the

                      learned court below within a period of six weeks from today, on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned S.D.J.M., East Muzaffarpur in connection with

                      Siwaipatti P.S. Case No. 71 of 2025, subject to the conditions as

                      laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

Continue reading with your account

Checking your session…