Patna High Court
Pramod Yadav @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that, given the petitioner's clean antecedent and the unexplained delay in filing the FIR, anticipatory bail was warranted.
Summary
The petitioner, Pramod Yadav, sought anticipatory bail fearing arrest in a case (Gaya Muffasil P.S. Case No.635 of 2025) involving offences under sections 308(2), 308(3), 109 and 324(4) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act. He contended that he was falsely implicated due to a land dispute, has a clean antecedent, and highlighted a 33‑day unexplained delay in lodging the FIR, arguing that no specific overt act of grievous injury or firearm use was attributed to him. The State opposed the bail. The Court, after considering the petitioner's clean record and the delay, granted anticipatory bail, directing release upon furnishing a bail bond of Rs.20,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences and the petitioner's claim of innocence.
- Whether the 33‑day delay in filing the FIR and lack of specific overt act justify granting bail.
- Whether the petitioner is likely to tamper with evidence or abscond if released on bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 308(2), 308(3), 324(4), 482(2)
Subjects
- anticipatory bail
- delay in FIR
- false implication
- land dispute
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28362 of 2026
Arising Out of PS. Case No.-635 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Pramod Yadav @ Pramod Kumar, S/O Vishwanath Yadav, R/o Village-
Salempur, P.S.- Muffasil, Distt.- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Soni Kumari, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Gaya Muffasil P.S. Case No. 635 of 2025
registered for the offences punishable under sections 308(2),
308(3), 109 & 324(4) of the Bharatiya Nyaya Sanhita and
section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present matter due to a land dispute and he has fair and clean
antecedent. It is further submitted that there is an inordinate and
unexplained delay of about 33 days in lodging the FIR, which
casts a serious doubt on the prosecution case. It is lastly
submitted that no specific overt act of causing grievous injury or
use of firearm has been attributed to the petitioner.
Patna High Court CR. MISC. No.28362 of 2026(2) dt.01-05-2026
2/2
4. Learned APP for the State has opposed the
prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with petitioner’s fair and clean antecedent ,
this Court is inclined to grant the relief of anticipatory bail to the
petitioner. Accordingly, let the petitioner named-above, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned in connection
with Gaya Muffasil P.S. Case No. 635 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
U T
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