Patna High Court
Pramod Kumar Singh @ Pramod Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner on the condition of a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Pramod Kumar Singh, applied for regular bail in a case registered under sections 399 and 402 of the IPC, sections 25(1‑B)a, 26 and 35 of the Arms Act and sections 3 and 4 of the Explosive Substance Act. The prosecution alleged that the petitioner escaped from a police raid at Yogendra Singh’s house and was identified by co‑accused statements, with weapons, ammunition and stolen motorcycles recovered from the premises. The petitioner contended that he was falsely implicated, no incriminating material was seized from him, and the only evidence was the co‑accused’s statement; he had been in custody since 26‑04‑2025. The court noted the seriousness of the offences, the reliance on co‑accused testimony, and the petitioner’s prolonged detention of more than eight months. Considering these factors, the court ordered that bail be granted on a bond of Rs 10,000 with two sureties of the same amount. The order was made subject to the satisfaction of the Additional Sessions Judge‑VIII, Vaishali at Hajipur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and the reliance on co‑accused statements as the sole evidence
- Whether the prolonged pre‑trial detention of over eight months warrants bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Indian Penal Code — s. 399, 402
Subjects
- regular bail
- IPC sections 399 402
- Arms Act
- Explosive Substance Act
- co‑accused statements
- prolonged detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.491 of 2026
Arising Out of PS. Case No.-219 Year-2013 Thana- DESARI District- Vaishali
======================================================
Pramod Kumar Singh @ Pramod Kumar Kushwaha S/O Julum Singh R/O
Village- Senduari, P.S.- Sadar, Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Sinha, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Desari P.S. Case no. 219
of 2013 registered under sections 399 and 402 of Indian Penal
Code, sections 25(1-B)a, 26 and 35 of the Arms Act and section
3 and 4 of the Explosive Substance Act.
3. As per the prosecution case, the informant states
that on house of one Yogendra Singh being raided by the police
party, while one person managed to escape, six others were
detained. The persons who were detained disclosed the name of
the person who had escaped as the petitioner herein. It is further
stated that on search being conducted, loaded country made
pistol, live cartridges besides other articles were recovered. Two
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stolen motorcycles were also recovered. On inquiry, the accused
disclosed that the petitioner had called them for making plans
for looting Gamon India.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Neither was he
arrested at the place of occurrence nor any incriminating article
recovered from his possession. The only material against him is the
statement of the co-accused made before the police. The petitioner
has been falsely implicated in the case because of his antecedent. He
is in custody since 26.4.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner not having been arrested at the spot, his
name having transpired in the statement of co-accused made
before police, he having remained in custody for more than
eight months since 26.4.2025 and chargesheet having been
submitted in the case, the Court directs the petitioner to be enlarged
on bail in connection with Desari P.S. Case no. 219 of 2013 (Session
Trial no. 469 of 2025) on furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.491 of 2026(2) dt.15-01-2026
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satisfaction of the learned Additional Sessions Judge-VIII, Vaishali
at Hajipur.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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