Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner as the court found no specific allegation against him and considered the circumstances of his custody.
Summary
The petitioner, Pramod Kumar, was arrested in connection with FIR No.655 of 2024 alleging assault, attempted rape and related offences under Sections 75(2), 76, 115(2), 351(2), 352 and 127(2) of the Bihar Narcotic Substances Act, 2023. He contended that he is the husband of the informant, that the allegations primarily target the informant’s father‑in‑law, and that he has been falsely implicated. The State opposed his bail, relying on the FIR and the charge‑sheet. The learned counsel for the petitioner argued that there is no specific allegation against him and that he has been in custody since 9 September 2025. After examining the FIR, the earlier case under IPC Section 498A, and the lack of direct accusation, the Court was inclined to grant bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the FIR alleging offences under the Bihar Narcotic Substances Act, 2023.
- Whether the petitioner is specifically implicated in the alleged assault and attempted rape, or merely named due to his relationship with the informant.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 127(2), 351(2), 352, 75(2), 76
- Indian Penal Code — s. 498A
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- IPC 498A
- assault
- attempted rape
- FIR
- husband-wife relationship
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.270 of 2026
Arising Out of PS. Case No.-655 Year-2024 Thana- BELAGANJ District- Gaya
======================================================
Pramod Kumar, Male, aged about 26 years, Son of Kishori Yadav, Resident of
Village- Bikram Bigha Police Station- Belaganj District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anu Kumari, Wife of Pramod Kumar, Resident of Village- Bikram Bigha,
P.S.- Belaganj District- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Belaganj P.S. Case No. 655 of 2024 instituted for the offences
punishable under Sections 75(2), 76, 115(2), 351(2), 352 and
127(2) of the BNS, 2023.
3. As per allegation in the FIR, it is case of assault
upon the informant and her father-in-law, locked the door of the
room of the informant and entered inside her room and made
effort to commit rape upon the informant and thereafter the
informant could save her prestige and fled away from the place
of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
Patna High Court CR. MISC. No.270 of 2026(2) dt.15-01-2026
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falsely been implicated in this case. He submits that the
petitioner is the husband of the informant. He further submits
that the informant married to the petitioner according to Hindu
rites and customs. Petitioner is in custody since 09.09.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned District and Additional Sessions Judge-XVth, Gaya Jee
dated 01.11.2025, it appears that petitioner is named in the FIR.
From perusal of the records, it also appears that on the basis of
written report of the informant Anu Kumari, FIR has been
registered under Sections 75(2), 76, 115(2), 351(2), 352 and
127(2) of the BNS, 2023 against five co-accused persons
including the present petitioner. It also appears that the
petitioner is the husband of the informant and there is no any
specific allegation against the petitioner. Earlier one case was
also registered by the informant under Section 498A of the
Indian Penal Code and in that case petitioner is on bail on the
basis of compromise, as submitted by learned counsel for the
petitioner. From perusal of the FIR, it also appears that there is a
specific and serious allegation against the father-in-law of the
informant and not the present petitioner. Petitioner is in custody
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since 09.09.2025 as mentioned in para 3 of the petition, so
considering all these aspects of the case and submission of
learned counsel for the petitioner, I am inclined to grant bail to
the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Gaya Jee in connection with Belaganj
P.S. Case No. 655 of 2024.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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