Patna High Court
Pramod Kumar @ Pramod YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
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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