Patna High Court
Pramod Yadav @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner subject to a Rs.10,000 bond and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Pramod Yadav, was implicated in a FIR alleging assault with weapons, causing bodily injury and theft, under several sections of the Bharatiya Nyaya Sanhita. He claimed innocence, stating that the specific assault on the informant’s head was committed by a co‑accused and that there was no direct allegation against him. The State opposed his bail, while the petitioner highlighted his clean criminal record and willingness to cooperate with investigation. The court examined the nature of the allegations, the petitioner’s antecedents, and the statutory provisions governing bail. Considering the facts and the petitioner’s fair antecedent, the court ordered his release on bail subject to a bond and sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under Sections 126(2), 115(2), 109, 117(2), 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s lack of prior criminal record and cooperation with investigation warrant bail.
- Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 352
Subjects
- bail
- criminal procedure
- assault
- theft
- high court
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4430 of 2026
Arising Out of PS. Case No.-483 Year-2025 Thana- MASAUDHI District- Patna
======================================================
Pramod Yadav @ Pramod Kumar S/o Lalan Yadav R/o Village - Dhabapar,
P.S - Prasbigha, District - Jehanabad At present R/o - Kailuchak, P.S -
Masaudhi, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 21-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 109, 117(2), 303(2),
352 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the petitioner along with other
named accused persons, armed with iron rod, wooden bat and
sword, entered in newly constructed shop of the informant and
assaulted him due to which his left arm became fractured.
Thereafter, co-accused Sanoj Yadav gave sword blow causing
head injury to him. It is also alleged that the petitioner snatched
the gold chain of the informant.
Patna High Court CR. MISC. No.4430 of 2026(4) dt.21-04-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has committed
no offence. Further submission is that informant is neighbour of
the petitioner and prior to 10 days from the date of occurrence,
some hot talk took place between the parties for keeping
material in front of the petitioner’s shop. There is no specific
allegation against the petitioner. Specific allegation of assault on
the informant’s head is against co-accused Sanoj Yadav.
Petitioner has got no criminal antecedent and he undertakes to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation and fair antecedent of the petitioner, let the above
named petitioner be released on bail, in the event of arrest or
surrender before the learned court below within a period of six
weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Masaudhi, Patna in connection with Masaudhi P.S.
Case No. 483 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.4430 of 2026(4) dt.21-04-2026
3/3
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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