Created by Fuzzy Cloud

Patna High Court

Pramod YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that in the absence of specific allegations against the petitioner and given that co‑accused have been granted regular bail, anticipatory bail should be granted subject to prescribed conditions.

Summary

Petitioner Pramod Yadav applied for anticipatory bail fearing arrest in a case alleging offences under several sections of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with others, assaulted an informant’s family and that a separate individual, Pintu Yadav, fired a weapon causing injury. The petitioner contended he had no specific allegation of assault against him, no criminal antecedent, and that co‑accused had already been granted regular bail. The State opposed the bail. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations.
  • Whether the allegations against the petitioner are specific enough to deny bail.
  • Whether the grant of regular bail to co‑accused influences the decision on anticipatory bail.
  • Applicability of Section 482(2) of the B.N.S.S. in granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Arms Act
  • Section 482
  • bail conditions
  • false implication
  • co‑accused bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25445 of 2026
                      Arising Out of PS. Case No.-221 Year-2025 Thana- CHIKSAUR District- Nalanda
                 ======================================================
                 Pramod Yadav S/O Rajendra Yadav R/O Village- Kamarthu, P.S- Chiksaura,
                 Distt.- Nalanda.


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   15-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Chiksaura P.S. Case No. 221 of 2025 instituted

                   for the offence under Sections 126(2), 115(2), 352, 351(2), 109

                   and 3(5) of B.N.S. and Section 27 of the Arms Act.

                                 3. The case of the prosecution is that the petitioner

                   along with others being armed with lathi, iron rod and weapon

                   arrived and assaulted the family members of the informant.

                   There is specific allegation against Pintu Yadav who has made

                   firing and a gun shot injury was received by one Sirdala Devi.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.25445 of 2026(2) dt.15-05-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has falsely been implicated in this

          case. The nature of allegation against the petitioner is general

          and omnibus. Nothing specific allegation of assault has been

          attributed against this petitioner rather the specific allegation of

          firing is against one Pintu Yadav. A statement has been made in

          para-3 of this petition that the petitioner has got no criminal

          antecedent. Similarly situated other co-accused persons have

          already been granted regular bail by this Court vide order dated

          29.01.2026. passed in Cr. Misc. No. 91885 of 2025.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioner.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or

          surrender in connection with Chiksaura P.S. Case No. 221 of

          2025, he will be enlarged 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 Judicial Magistrate,

          Ist Class, Hilsa, Nalanda subject to the conditions as laid down
            Patna High Court CR. MISC. No.25445 of 2026(2) dt.15-05-2026
                                                        3/3




                      under section 482(2) of B.N.S.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.