Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that, despite the liberty to renew bail, the seriousness of the offences and the ongoing trial preclude immediate release, and therefore bail was not granted.
Summary
Petitioners Pramod Kumar and Vikash Kumar, accused of multiple offences under the Bharatiya Nyaya Sanhita, 2023 including sections relating to homicide and assault, sought regular bail after being in custody since March 2025. Their earlier bail application was rejected, but they were given liberty to renew the prayer after charge‑framing on 27‑02‑2026. The State opposed bail, emphasizing the gravity of the charges, the death of the victim, and the fact that six prosecution witnesses had already been examined. The Court, while not inclined to release them on bail, directed the trial court to avoid unnecessary adjournments and stipulated that if the trial is not concluded within four months of the order, the petitioners may renew their bail application. Consequently, the bail application was not granted, and the trial was ordered to proceed expeditiously.
Issues considered
- Whether bail should be granted to the petitioners charged under Sections 126(1), 126(2), 115(2), 118(1), 117(2), 109, 324(4), 324(5), 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the liberty to renew bail after charge‑framing entitles the petitioners to immediate release in view of the seriousness of the offences and the progress of the trial.
- Whether the trial must be concluded within a specified period (four months) for the petitioners to be permitted to renew their bail prayer.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 117(2), 118(1), 126(1), 126(2), 324(4), 324(5), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- trial adjournments
- serious offences
- death of victim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28119 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Pramod Kumar Son of Akhilesh Yadav Resident of Mahmana, P.S.- Tekari,
District - Gaya.
2. Vikash Kumar @ Vikash Yadav Son of Lalu Yadav Resident of Mahmana,
P.S.- Tekari, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Kumar
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 126(1), 126(2), 115(2),
118(1), 117(2), 109, 324(4), 324(5), 103 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioners submits that the
petitioners are in custody since 08.03.205, are persons with
clean antecedent and charge-sheet has been submitted in the
case.
4. Learned counsel for the petitioners submits that the
petitioners had earlier moved this Court seeking regular bail by
Patna High Court CR. MISC. No.28119 of 2026(2) dt.08-05-2026
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filing Cr. Misc. No. 55165 of 2025 and the same came to be
rejected vide order dated 24.02.2026 with liberty to the
petitioners to renew their prayer after framing of charge.
Learned counsel submits that the charges against the petitioners
stands framed by an order dated 27.02.2026 as such in terms of
liberty so granted, the instant regular bail application has been
filed.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of informant vehemently opposes the prayer
for bail of the petitioners. The learned counsel appearing on
behalf of informant submits that no doubt charges against the
petitioners have been framed but then allegation is of causing
death of the victim on account of assault made by the
petitioners. It is further submitted that altogether there are six
prosecution witnesses and after framing of charge on 27.02.2026
two prosecutio10. Let a copy of this order be sent to the learned
District Judge, Gaya for its onward communication to the
concerned court, District Magistrate and Senior Superintendent
of Police. n witnesses have been examined. It is also submitted
that the informant will ensure that all the witnesses are brought
before the court in the trial for recording their evidence without
any delay. It is thus submitted that since trial has commenced
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and prosecution witnesses are being examined and as such
merely because liberty was granted to renew the prayer for bail
that in itself does not entitle the petitioners for being released on
bail, it is submitted that liberty no doubt was granted but then
the same requires consideration in view of the subsequent
development which have taken place.
6. After hearing learned counsel for the parties, the
Court is in agreement with the submission made by learned
counsel for the10. Let a copy of this order be sent to the learned
District Judge, Gaya for its onward communication to the
concerned court, District Magistrate and Senior Superintendent
of Police. informant thus is not inclined to release the
petitioners on bail.
7. However, it is directed that the learned trial court
shall ensure that no unnecessary adjournments are given in the
trial as it has been submitted by learned counsel appearing on
behalf of informant that informant will produce the witnesses as
and when directed by learned trial court. It is further made clear
that if the trial is not concluded within four months from the
date of receipt/production of the order for no fault of the
petitioners, the petitioners would be at liberty to renew their
prayer for bail.
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8. Let a copy of this order be sent to the learned
District Judge, Gaya for its onward communication to the
concerned court, District Magistrate and Senior Superintendent
of Police.
(Satyavrat Verma, J)
Ranjeet/-
U T
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