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Patna High Court

Pramod Kumar Singh @ Pramod Kumar KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.491 of 2026(2) dt.15-01-2026
                                            2/3




          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
                                                       3/3




                     satisfaction of the learned Additional Sessions Judge-VIII, Vaishali

                     at Hajipur.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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