Patna High Court
Pramod Singh @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail must be granted to the petitioner, subject to reasonable conditions, as the prosecution failed to demonstrate a prima facie case.
Summary
Petitioner Pramod Singh, arrested on 3 December 2025, was charged under IPC sections 147, 148, 149, 302/120(B), 380 and Arms Act section 27 for allegedly conspiring to murder an informant's mother. The petitioner pleaded innocence, arguing that the FIR contains no specific allegation of an overt act against him and that he was already in judicial custody for another case, making the present charge based merely on suspicion. The State opposed bail, noting the seriousness of the offences and the existence of another pending case. The Court examined the lack of concrete evidence linking the petitioner to the alleged conspiracy and considered the principle that bail is the rule, not the exception, especially when the prosecution has not demonstrated a prima facie case. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to an accused of serious offences including murder and conspiracy when the prosecution has not established a prima facie case.
- Whether mere suspicion and lack of specific allegation in the FIR justify denial of bail.
- Whether the petitioner’s prior custody and other pending case affect the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 380
Subjects
- bail
- conspiracy
- murder
- IPC
- Arms Act
- criminal procedure
- presumption of innocence
- prima facie case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24282 of 2026
Arising Out of PS. Case No.-990 Year-2019 Thana- JAHANABAD District- Jehanabad
======================================================
Pramod Singh @ Pramod Kumar S/O Late Jagdish Singh R/O Vill.-
Sahbajpur, P.S- Jehanabad (Kalpa),Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Mrs. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Sanjay Kumar, learned counsel for the
petitioner and Mrs. Nirmala Kumari, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
03.12.2025, in connection with Jehanabad (Kalpa) P.S. Case No.
990 of 2019, F.I.R. dated 28.11.2019 registered for the offences
punishable under Sections 147, 148, 149, 302/120(B) & 380 of
the Indian Penal Code and Section 27 of the Arms Act.
3. Allegation against the petitioner is of conspiring in
committing murder of the informant’s mother.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that although the petitioner is
named in the F.I.R. but from perusal of the F.I.R. it appears that
there is no specific allegation of any assault or overt act or firing
Patna High Court CR. MISC. No.24282 of 2026(2) dt.15-04-2026
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attributed against the petitioner. He further submits that it
appears from the F.I.R. that the allegation against the petitioner
that he has made planning and conspiracy of the present
occurrence. Learned counsel for the petitioner further submits
that in fact the petitioner was in judicial custody in connection
with Jehanabad (Kalpa) P.S. Case No. 351 of 2019 and it has
come in paragraph-10 of the case diary that the petitioner was
in custody in connection with the aforesaid case and nothing has
come during investigation to suggest the involvement of the
petitioner in the present occurrence and petitioner has been
made accused in the present case merely on the basis of
suspicion. The petitioner is in custody since 03.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
other than the present one.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Jehanabad in connection
with Jehanabad (Kalpa) P.S. Case No. 990 of 2019, subject to
Patna High Court CR. MISC. No.24282 of 2026(2) dt.15-04-2026
3/3
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Ibrar//-
U T
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