Patna High Court
Pramod Kumar @ Pramod YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions, as the delay in FIR and his clean antecedent outweighed the grounds for denial.
Summary
Pramod Kumar was arrested on 11 June 2025 in connection with a robbery and assault case (Bharrahi PS Case No. 79 of 2025) alleged under Sections 12692, 115, 303(2), 308(2) and 3(5) of the Bihar National Security Act, 2023. The prosecution alleges that he, along with others, intercepted an informant, seized Rs 95,000 in cash and transferred Rs 74,400 from the informant’s mobile before fleeing. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the FIR was lodged a week after the alleged incident, indicating a delay and possible ulterior motive. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences. The court, noting the petitioner’s clean record, the delay in filing the FIR, and the fact that a charge‑sheet had already been filed, granted bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Madhepura.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar National Security Act, 2023.
- Whether the delay of one week in lodging the FIR and the petitioner’s clean antecedent justify the grant of bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bihar National Security Act, 2023 — s. 115, 12692, 303(2), 308(2), 3(5)
Subjects
- bail
- Bihar National Security Act
- delay in FIR
- clean antecedent
- robbery
- assault
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3923 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- Bhararhi District- Madhepura
======================================================
Pramod Kumar @ Pramod Yadav Son of Late Soman Yadav @ Soman Kumar
Yadav R/o Village - Thari, P.S. - Pastpar, Dist. - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Sudhir Kumar, learned counsel for the
petitioner and Mr. Binod Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.06.2025 in connection with Bharrahi P.S. Case No. 79 of
2025, F.I.R. dated 01.06.2025 for the offences punishable under
Sections 12692), 115, 303(2), 308(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused person intercepted the informant and on the
point of pistol they took cash of Rs. 95,000/- from him and also
transferred Rs. 74,400/- from his mobile phone and fled away.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the F.I.R itself
Patna High Court CR. MISC. No.3923 of 2026(2) dt.28-01-2026
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that the informant and petitioner are known to each other. It also
appears from the F.I.R that the date of occurrence is 24.05.2025
but the present F.I.R has been instituted on 01.06.2025 i.e., after
delay of about one week. Nothing has been recovered from the
conscious possession of the petitioner and petitioner has been
made accused due to some ulterior motive and village politics.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 11.06.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, chargesheet has been
submitted against the petitioner and the F.I.R has been lodged
after delay of one week, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, Madhepura in connection with
Bharrahi P.S. Case No. 79 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.3923 of 2026(2) dt.28-01-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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