Patna High Court
Pramod SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail could not be granted as the petitioner was named in the FIR and the seriousness of the alleged offences warranted denial.
Summary
Petitioner Pramod Sah was named in FIR No. 547 of 2025 for allegedly murdering the son of an informant and hanging the body. He applied for anticipatory bail, claiming innocence, lack of eyewitnesses, and that the FIR does not specifically allege his involvement. The State opposed the bail, emphasizing his inclusion in the FIR and the seriousness of the offences under Sections 103(1) and 3(5) of the B.N.S., 2023. The court examined the allegations, the petitioner’s criminal antecedent, and the pending case against him. Finding the allegations credible and the offences grave, the court declined to grant anticipatory bail. Consequently, the bail application was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and alleged offences
Legislation cited
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- murder
- FIR
- bail denial
- Section 103
- Section 3
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21905 of 2026
Arising Out of PS. Case No.-547 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Pramod Sah S/o Late Jiut sah @ Late Jiuta Sah R/o Vill- Ajgarwa, P.s.-
Pakridayal, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Pakridayal P.S. Case No.547 of 2025 lodged on
06.12.2025, for the offences punishable under Sections 103(1)
and 3(5) of the B.N.S., 2023 pending before the Court of
Additional Chief Judicial Magistrate, East Champaran,
Motihari.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the petitioner with
allegation that they have killed the son of the informant and
hanged the dead body on a mango tree.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He
submits that the petitioner has been falsely implicated in the
Patna High Court CR. MISC. No.21905 of 2026(2) dt.08-04-2026
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present case. He further submits that there is no eye-witness of
the said incident. He further submits that upon bare reading of
the FIR, there is no specific allegation against the petitioner.
5. Counsel submits that the criminal antecedent of the
petitioner is not clean and there is one criminal case pending
against him. He also submits that the cause of death is Asphyxia
due to hanging.
6. Learned APP for the State opposes the prayer for
bail and submits that the petitioner is named in the F.I.R. and
allegation is also made against him.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner, therefore
the bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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