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Patna High Court

Pramod Singh @ Pramod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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