Patna High Court
Pramod YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
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