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Patna High Court

Pramod Kumar @ Pramod YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the FIR contained only general, non‑specific allegations against him.

Summary

The petitioner, Pramod Kumar, sought bail fearing arrest in a case (Turkauliya PS No. 422 of 2025) alleging offences under several sections of the B.N.S. The prosecution alleged that he, along with co‑accused, assaulted an informant and his wife with weapons. The petitioner’s counsel argued that he was falsely implicated, has no prior criminal record, and that the FIR contains only vague, omnibus allegations without any specific charge of assault against him. The State opposed bail. The Court observed that the FIR and accompanying documents do not specifically allege any assault by the petitioner and therefore granted bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the B.N.S.S.

Issues considered

  • What is the adequacy of the specific allegations against the petitioner in the FIR for denying bail?
  • Whether the petitioner is entitled to bail in the absence of specific charges under the listed sections.

Legislation cited

  • B.N.S. — s. 109, 115(2), 303(2), 324(4), 3(5), 351(2), 352, 75(2)
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • false implication
  • general allegation
  • Section 482
  • criminal procedure
  • FIR
  • specific charge

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5877 of 2026
                      Arising Out of PS. Case No.-422 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Pramod Kumar @ Pramod Yadav, aged about 26 years (M), Son of Nawal
                 Roy @ Nawal Yadav @ Nawal Ray R/o Village - Khagni, P.S. - Turkauliya,
                 District - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjana Srivastava, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State

                                2. The petitioner apprehends his arrest in connection

                   with Turkauliya P.S Case No. 422 of 2025 registered for the

                   offences punishable under Sections 115(2), 75(2), 109, 303(2),

                   352, 351(2), 324 (4) and 3 (5) of the B.N.S.

                                3. As per the prosecution case, petitioner along with

                   co-accused have assaulted the informant and his wife by means

                   of lathi, danda and rod.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It is next

                   submitted that petitioner has got no criminal antecedent as
           Patna High Court CR. MISC. No.5877 of 2026(2) dt.04-02-2026
                                                       2/2




                     stated in para 3 of the bail petition.

                                  5. Learned counsel for the State opposes the prayer

                     for bail of the petitioner.

                                  6. From perusal of the F.I.R., impugned order and

                     materials available on record it appears that there is no specific

                     allegation allegation against the petitioner, whereas allegation

                     against the petitioner is general and omnibus in nature. There is

                     no allegation against the petitioner to assaulting any person.

                                  7. Considering the aforesaid facts and circumstances

                     of the case, submissions made on behalf of the petitioner, let the

                     above named petitioner be released on bail in the event of his

                     arrest or surrender before the trial court within a period of six

                     weeks from today on furnishing bail bond of Rs. 10,000/- (Ten

                     thousand) with two sureties of the like amount each to the

                     satisfaction of learned CJM, East Champaran at Motihari in

                     connection with Turkauliya P.S Case No. 422 of 2025 subject to

                     the condition laid down under Section 482(2) of B.N.S.S.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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