Patna High Court
Pramod Singh @ Pramod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions.
Summary
Petitioners Pramod Singh and his son Govind Kumar sought anticipatory bail after being implicated in an FIR alleging extortion, robbery and assault under several provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). They contended that the allegations were false, arising from a dispute with the informant, and that a compromise had been reached between the parties. The State opposed bail, citing a prior antecedent, but noted the petitioners were already on bail in the same matter. The Court, considering the lack of injury, the existence of a compromise, and the petitioners’ cooperation, granted anticipatory bail subject to a bond of Rs 10,000 each, sureties, a family member as bailor, and compliance with investigative requirements. The bail may be cancelled if conditions are breached.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS in view of the alleged offences and the existence of a compromise?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126, 303(2), 308(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- extortion
- compromise
- false implication
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18047 of 2026
Arising Out of PS. Case No.-41 Year-2025 Thana- Mehsoul District- Sitamarhi
======================================================
1. Pramod Singh @ Pramod Kumar Singh S/O Late Vidyapati Prasad Singh
R/O Vill.- Adauri, P.S.- Purnahiya ,Dist.- Sheohar, In FIR dist. is wrongly
mention as Dist.- Sitamarhi.
2. Govind Kumar @ Govind Singh S/O Pramod Singh @ Pramod Kumar
Singh R/O Vill.- Adauri, P.S.- Purnahiya ,Dist.- Sheohar, In FIR dist. is
wrongly mention as Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Madhubala Verma, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126,
115(2), 303(2), 308(2), 352, 351(2) and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that petitioners went to informant’s under construction building
and demanded Rupees Two Lakh as ransom money and took
Rs.35,000/- on gun point and also assaulted with the butt of the
gun.
4. Learned counsel for the petitioners submits that the
petitioners are father and son and they both have been falsely
Patna High Court CR. MISC. No.18047 of 2026(2) dt.06-04-2026
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implicated in the present case by the informant, who is next
door neighbour and with whom there was a dispute. It is
submitted that the petitioners never demanded any extortion
money and had also not indulged in any theft. It is submitted
that the parties have now even entered into a compromise and
are not desirous of pursuing the case any further, the certified
copy of the compromise petition has been made available by the
learned counsel for the petitioner, which is kept on record.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the ground that the petitioners have one
antecedent. However, it has been submitted that the petitioners
are on bail in the said case and the said case has also been filed
at the instance of the present informant.
6. Taking into consideration the facts and
circumstances and considering that no injury etc., has been
suffered by anyone in the incident and eventually a compromise
has taken place between the parties, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Court below
Patna High Court CR. MISC. No.18047 of 2026(2) dt.06-04-2026
3/3
where the case is pending/successor Court in connection with
Mehsoul P.S. Case No. 41 of 2025, subject to the condition as
laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,
subject to condition(s) that:
(i) One of the bailors will be their own family
member.
(ii) The petitioners shall co-operate with the
investigation, if not already concluded and make
themselves available as and when so required, failing
which the prosecution will be at liberty to move
cancellation of their bail bond.
(Soni Shrivastava, J)
anand/-
U T
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