Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The Court permitted the withdrawal of the first petitioner's bail application and granted anticipatory bail to the second petitioner subject to prescribed conditions.
Summary
Petitioners Pramod Kumar and Krishna Singh sought relief from imminent arrest in a criminal case involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioners filed applications for bail, with Pramod Kumar seeking to withdraw his application and Krishna Singh seeking anticipatory bail. The High Court allowed the withdrawal of Pramod Kumar's application, directing him to surrender within two weeks and apply for regular bail, failing which police may arrest him. Considering Krishna Singh's age and the absence of any allegation of firing, the Court granted him anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the BNSS. The order is limited to the present applications and does not prejudice any further proceedings against Pramod Kumar.
Issues considered
- Whether the application for bail filed by Pramod Kumar can be withdrawn.
- Whether anticipatory bail can be granted to Krishna Singh given his age and lack of firing allegation.
- What conditions may be imposed under Section 482(2) of the Bharatiya Nyaya Sanhita for anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 482(2)
Subjects
- anticipatory bail
- withdrawal of application
- regular bail
- age factor
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45060 of 2025
Arising Out of PS. Case No.-938 Year-2024 Thana- FATUA District- Patna
======================================================
1. Pramod Kumar S/o Krishna Singh @ Krishn Singh R/o Village- Dumri, P.S.-
Fatuha, District-Patna
2. Krishna Singh @ Krishn Singh S/o Gupat Singh R/o Village- Dumri, P.S.-
Fatuha, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Shankar Sinha
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Fatuha P.S. Case No. 938 of 2024 registered for offences under
Sections 126(2), 115(2), 351(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners are
accused of attempting to commit the murder of the victim.
4. After some arguments, the learned counsel for the
petitioners, without prejudice, seeks permission to withdraw the
application filed on behalf of the petitioner no. 1, Pramod
Kumar.
Patna High Court CR. MISC. No.45060 of 2025(5) dt.19-02-2026
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5. Permission, as prayed, is granted.
6. Accordingly, the present application filed on behalf
of the petitioner no. 1 is dismissed as withdrawn.
7. The petitioner no. 1, Pramod Kumar is directed to
surrender in the court below within a period of two weeks from
today and seek regular bail, failing which the Senior
Superintendent of Police, Patna will take all steps for the arrest
of the petitioner.
8. As far as the petitioner no. 2 is concerned,
considering the age of the petitioner no. 2 and the fact that there
is no allegation of firing against him, his prayer for anticipatory
bail stands allowed.
9. Accordingly, let the petitioner no. 2, above-named,
in the event of arrest or surrender within four weeks from today
in the Court below, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned A.C.J.M.-II, Patna City, Patna/concerned Court below in
connection with Fatuha P.S. Case No. 938 of 2024 subject to the
conditions as laid down under Section 482(2) of the BNSS.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
Patna High Court CR. MISC. No.45060 of 2025(5) dt.19-02-2026
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and shall not prejudice the case of the petitioner no. 1 at any
subsequent stage of the proceedings.
11. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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