Patna High Court
Pramod Prasad @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Pramod Prasad, a Nepalese citizen, was arrested in connection with a case alleging illegal entry into India and assisting a Bangladeshi national, under sections of the BNS, the Immigration and Foreigners Act and the Passports Act. The petitioner argued that he is innocent, has no incriminating material against him, and that the FIR does not disclose any offence against him, citing his clean antecedent and the fact that Nepalese citizens can enter India without a visa. The State contended that the petitioner is a flight risk and is aiding illegal immigration. The Court examined the vague nature of the allegations, the charge sheet, and the petitioner’s period of custody, and concluded that bail could be granted. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions including an Indian bailor, mandatory court appearances, and cancellation of bail for three consecutive absences. The order was pronounced by Justice Arun Kumar Jha.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of assisting illegal entry.
- Whether the petitioner constitutes a flight risk under the circumstances.
- Whether the provisions of Section 480(3) of the BNSS apply to the bail conditions.
Legislation cited
- BNS — s. 318(2), 3(5)
- BNSS — s. 480(3)
- Immigration and Foreigners Act — s. 14(1), 23, 24
- Passports Act — s. 13, 14
Subjects
- bail
- immigration law
- illegal entry
- foreign nationals
- flight risk
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30417 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- KUNAULI District- Supaul
======================================================
Pramod Prasad @ Pramod Kumar S/O Binod Prasad Mali @ Binod Prasad
R/O Village- Malekpur, P.S- Pathargadha, Distt.- Saptari (Nepal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Kunauli P.S. Case No. 09 of 2026, registered
for the offences under Sections 318(2), 3(5) of the BNS, Section
14(1), 23, 24 of the Immigration and Foreigners Act and
Sections 13,14 of the Passports Act.
3. As per the prosecution case, petitioner and other
coaccused persons were found entering India from Nepal and
coaccused Iti Akhtar was found carrying a Bangladeshi passport
and having a Visa only for Nepal.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. The FIR does not disclose any
Patna High Court CR. MISC. No.30417 of 2026(2) dt.11-05-2026
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offence against the petitioner as the petitioner is a citizen of
Nepal and could come to India without any Visa and passport.
Even otherwise nothing incriminating has been recovered from
the petitioner who is having clean antecedent and he is in
custody since 30.01.2026. Charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that the petitioner is a flight risk as he is a citizen of
Nepal and has been helping a Bangladeshi National to illegally
enter into India.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation against the petitioner and also
considering submission of charge sheet and his period of
custody, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned JMFC, Birpur/concerned court, in
connection with Kunauli P.S. Case No. 09 of 2026, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be an Indian
Patna High Court CR. MISC. No.30417 of 2026(2) dt.11-05-2026
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National.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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