Patna High Court
Pramod Ram @ Pramod Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted due to the seriousness of the offences and the death of the victim.
Summary
The petitioner, Pramod Ram @ Pramod Kumar Rai, was arrested in connection with a case where he and co‑accused allegedly intercepted, assaulted and stabbed an informant, resulting in the victim's death. The petitioner applied for regular bail, claiming innocence and prolonged custody since 7 April 2026. The prosecution opposed, emphasizing the grave nature of the offences and the victim's demise. The court examined the seriousness of the charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023, and the fact that the victim died while receiving treatment. Concluding that the offences were of a serious and grave nature, the court declined to grant regular bail and dismissed the application.
Issues considered
- Whether regular bail can be granted to an accused charged with offences under sections 126(2), 115(2), 118(1), 109(1), 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 where the victim has died.
- Whether the seriousness and gravity of the alleged offences justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- regular bail
- serious offences
- murder
- assault
- death of victim
- Bharatiya Nyaya Sanhita
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43896 of 2026
Arising Out of PS. Case No.-141 Year-2026 Thana- MANJHAGARH District- Gopalganj
======================================================
Pramod Ram @ Pramod Kumar Rai S/o Uma Rai R/o Village- Dhankhar, P.S-
Manjhagarh, Dist- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with
Manjhagarh P.S. Case No. 141 of 2026 registered for the
offences punishable under Sections 126(2), 115(2), 118(1),
109(1), 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner, along
with the other co-accused persons, is alleged to have intercepted
and assaulted the informant, causing injuries to him. It is further
alleged that during the occurrence, co-accused Ranjan Kumar
stabbed the victim while co-accused Mantu Kumar took away
his mobile phone. The victim subsequently succumbed to his
injuries during treatment.
Patna High Court CR. MISC. No.43896 of 2026(2) dt.08-07-2026
2/2
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and has falsely been
implicated in the present case. It is further submitted that the
petitioner is in custody since 07.04.2026 and deserves the
privilege of regular bail.
5. Per contra, learned APP for the State vehemently
opposes the prayer for bail and submits that the allegations
levelled against the petitioner are serious and grave in nature.
6. Having considered the facts and circumstances of
the case, the nature and gravity of the offence and the fact that
the victim subsequently died during treatment, this Court is not
inclined to grant the privilege of regular bail to the petitioner.
7. Accordingly, the application stands dismissed.
8. It is made clear that any observation made
hereinabove is prima facie in nature and has been made solely
for the purpose of adjudication of the present bail application.
The same shall not be construed as an expression of opinion on
the merits of the case and shall not, in any manner, influence the
trial or any other proceeding arising out of the present case.
(Sandeep Kumar, J)
Shishir/-
U T
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