Patna High Court
Pramod Sao @ Pramod Shah @ Pramod SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
In view of the absence of substantive evidence linking the petitioner to the alleged crime and his clean record, the Court held that bail should be granted.
Summary
The petitioner, Pramod Sao, was arrested in connection with a case registered under Section 108 of the B.N.S., 2023, alleging his involvement in the suicide of his wife’s mother, Pramila Devi. The prosecution alleged that the petitioner had been assaulting the deceased for two years, leading to her suicide. The petitioner denied the allegations, claiming innocence, and highlighted that the FIR recorded the death as suicide and that a witness, the deceased’s sister, testified that the deceased was short‑tempered and that the petitioner was not present at the time of death. The petitioner also pointed out his clean criminal record and that he had been in judicial custody since 21‑04‑2025. The State opposed bail, arguing the seriousness of the offence under Section 108. After hearing both sides, the Court considered the lack of incriminating evidence, the witness testimony, and the petitioner’s clean record, and decided to grant bail. The bail was ordered on a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the District & Additional Sessions Judge‑I, Jehanabad.
Issues considered
- Whether the petitioner is entitled to bail pending trial for an offence under Section 108 of the B.N.S., 2023
- Whether the evidence on record, including the FIR and witness testimony, justifies continued detention
- Whether the petitioner’s clean criminal record and lack of presence at the alleged incident warrant bail
Legislation cited
- B.N.S., 2023 — s. 108
Subjects
- bail
- Section 108
- B.N.S. 2023
- suicide
- false implication
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24849 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- JAHANABAD District- Jehanabad
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Pramod Sao @ Pramod Shah @ Pramod Sah S/o Rajdeo Sao @ Rajendra Saw
R/o Village- Dhandhar Bigha, P.S.- Kalpa, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesj Sajau. Adv.
Ms. Harshita, Adv.
Ms. Amrita Kumari, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Session Trial No. 550 of 2025/ 44 of 2025 arising out of
Jehanabad (Kalpa) P.S. Case No. 255 of 2025 registered for the
offence punishable under Section 108 of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
daughter of the informant was married to the petitioner in the
year 2014. It is further alleged that for some time she was kept
properly, but for the last two years, the petitioner has started
assaulting the daughter of the informant. It is ultimately alleged
that the daughter of the informant Pramila Devi has committed
suicide.
Patna High Court CR. MISC. No.24849 of 2026(2) dt.18-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that as per the FIR, the deceased has
committed suicide. In this case, the trial is going on, and during
the trial, one of the sisters of the deceased, who was married in
the same house, has deposed before the learned trial court as
PW-1, and she has stated in her examination-in-chief that the
deceased was a lady of short temper and she committed suicide
in her room and she did not know as to why the deceased had
committed suicide. In her cross-examination, she has stated that
on the date of the occurrence, the petitioner was not present
rather, he used to sleep on the Chabutra of Village Dhandhar
Bigha. She has repeatedly stated that the deceased was a short-
tempered lady. Moreover, a statement has been made in para 3
of the petition that petitioner has no criminal antecedent and he
is languishing in judicial custody since 21.04.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.24849 of 2026(2) dt.18-04-2026
3/3
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Additional Sessions Judge-I, Jehanabad in connection with
Jehanabad (Kalpa) P.S. Case No. 255 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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