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Patna High Court

Pramod Yadav @ Pramod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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