Patna High Court
Pramod Yadav @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that no prima facie allegation against the petitioners existed in the FIR and therefore granted bail.
Summary
The petitioners, Pramod Yadav and Monu Kumar, were named in an FIR for offences including extortion, robbery and assault under various sections of the Bihar Negotiable Instruments Act. They contended that the FIR did not contain any prima facie allegation against them, but only against other co-accused, and that their inclusion was an attempt to harass their family. The State opposed their bail application. The Court examined the FIR and found that the allegations of extortion and assault were not directed at the petitioners. Consequently, the Court ordered that the petitioners be released on bail, subject to a bond of Rs.10,000 each with two sureties, under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the FIR contains prima facie allegations against the petitioners sufficient to deny bail
- Whether bail can be granted under Section 438(2) Cr.P.C. and Section 482(2) BNSS in the present circumstances
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 126(2), 303(2), 308(5), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- extortion
- assault
- FIR
- prima facie
- Section 438
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26760 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- Manikpur District- Lakhisarai
======================================================
1. Pramod Yadav @ Pramod Kumar Son of Daroga Yada @ Darogi Yadav
Resident of village - Nista, P.S.- Surajgarha, District - Lakhisarai
2. Monu Kumar Son of Daroga Yada @ Darogi Yadav Resident of village -
Nista, P.S.- Surajgarha, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Adv
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 27-04-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Manikpur P.S.
Case No. 106 of 2025 registered for the offences punishable
under Sections 126(2), 115(2), 308(5), 303(2) and 3(5) of
the BNS.
3. As per FIR, petitioner alleged to demand
extortion money from informant and also snatch Rs.
25,000/- from his pocket during the occurrence and also
assaulted him causing bodily injuries.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the allegation qua demanding
Patna High Court CR. MISC. No.26760 of 2026(2) dt.27-04-2026
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extortion and also to snatch cash and further of assaulting
is available against named accused persons Sonu Kumar and
Santosh Yadav. It is submitted that no allegation, in terms of
FIR appears available against petitioners either qua extortion
or assault. It is submitted that both petitioners are brother of
co-accused Sonu Kumar and out of oblique motive just to
harass entire family, petitioners were implicated with the
present crime in question in very general and omnibus
manner. While concluding arguments, it is submitted that
petitioner no. 1 found involved in two more criminal cases
where he is on bail and petitioner no. 2 found involved in
three more cases, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie allegation of extortion and
assault not appears available against petitioners rather
against other named co-accused persons, accordingly both
above-named petitioners, in the event of their arrest or
surrender before the court below within a period of four
weeks, are directed to be released on bail, furnishing bail
Patna High Court CR. MISC. No.26760 of 2026(2) dt.27-04-2026
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bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the
learned ACJM-II, Lakhisarai/concerned Court, where the
case is pending in connection with Manikpur P.S. Case No.
106 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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