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Patna High Court

Pramod Bind @ Pramod KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed, denying regular bail to the petitioner.

Summary

The petitioner, Pramod Bind, was charged with gang rape under Section 376(D) of the Indian Penal Code and Sections 4, 6 and 8 of the POCSO Act. He applied for regular bail for the second time, having been in custody since 15 January 2023, after an earlier bail application was rejected. The prosecution alleged that the petitioner participated in a gang rape, and most witnesses had already been examined in the trial. The petitioner’s counsel argued that, in light of a recent Supreme Court decision (X v. State of Rajasthan, 2024 SCC OnLine SC 3539), the evidence of the informant should not be considered at the bail stage. The High Court, referencing the Supreme Court precedent, declined to examine the informant’s evidence and dismissed the bail application.

Issues considered

  • Whether regular bail can be granted to an accused of gang rape under IPC 376(D) and POCSO Act provisions.
  • Whether the Supreme Court’s guidance in X v. State of Rajasthan (2024) precludes consideration of informant evidence at the bail stage.

Legislation cited

Subjects

  • bail
  • gang rape
  • IPC 376(D)
  • POCSO Act
  • criminal procedure
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36256 of 2025
                          Arising Out of PS. Case No.-4 Year-2023 Thana- BYPASS District- Patna
                 ======================================================
                 Pramod Bind @ Pramod Kumar Son of Santosh Bind R/O Vill- Bahri
                 Begumpur Near Jalla Mahavir (Hanuman) Mandir, P.S.- Bypass, District-
                 Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Nirupa Devi W/O- Late Sanjay Kumar R/O Mohalla- Bahri Begumpur, Par
                 Pokhra, Patna City, P.S.- Bypass, District- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rudal Singh, Advocate
                 For the Opposite Party/s :        Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   30-01-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Bypass P.S. Case No. 04

                   of 2023 registered for the offence under Section 376(D) of the

                   Indian Penal Code and Sections 4, 6 and 8 of the POCSO Act.

                   Earlier the bail application of the petitioner was rejected vide

                   order dated 03.05.2024 passed in Cr. Misc. No. 197 of 2024.

                                3. The petitioner is in custody since 15.01.2023.

                                4. As per the prosecution case, petitioner is accused of

                   committing gang rape.

                                5. It has been submitted by the learned counsel for the

                   petitioner that in the trial most of the witnesses have been
              Patna High Court CR. MISC. No.36256 of 2025(3) dt.30-01-2026
                                                          2/2




                        examined.

                                     5. Since the trial is progressing, in view of the

                        Judgment of the Hon’ble Supreme Court in the case of X Vs.

                        State of Rajasthan and Anr. reported in 2024 SCC OnLine SC

                        3539, this Court will not examine the evidence of the informant

                        at this stage who may have been gained over by the defence.

                                     6. Accordingly, this application is dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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