Patna High Court
Pramod Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court ordered the release of the petitioner on bail subject to conditions under Section 480(3) of the B.N.S.
Summary
Petitioner Pramod Kumar Yadav was arrested in connection with FIR No. 95 of 2025 alleging that he fired at police during a recovery operation of firearms, resulting in his leg injury. He contended that the allegations were fabricated, asserting that he was seized while playing cricket and that no police officer was injured. The State opposed his bail, maintaining that he had indeed discharged a weapon against the police. The court examined the seriousness of the charges under the Bihar National Security Act, 2023 and the Arms Act, as well as the petitioner’s custody duration and prior criminal history. Considering the circumstances, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 480(3) of the B.N.S. and requiring his presence at trial dates. The bail order was subject to cancellation upon non‑appearance or breach of conditions.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the Bihar National Security Act and the Arms Act.
- Whether the prosecution's allegation that the petitioner fired at police is credible.
- Whether the petitioner poses a flight risk or threat to public safety warranting denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27
Subjects
- bail
- Arms Act
- Bihar National Security Act
- false implication
- police encounter
- criminal procedure
- Section 480(3)
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68392 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Pramod Kumar Yadav S/o- Pramanand Yadav, R/o- Indauli, PS- Maharajganj,
Dist- Siwan.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Maharajganj P.S. Case No. 95 of 2025 dated
27.02.2025, registered for the offences punishable under
Sections 132, 109, 262 and 121(1) of the B.N.S., 2023 and
Sections 25(1-b)(a), 26 and 27 of the Arms Act.
3. As per the prosecution case, police went with the
petitioner, non-FIR named accused of Daraunda P.S. Case No.
54 of 2025, for recovery of some fire-arms and ammunition.
The petitioner tried to run away on reaching the spot and fired
upon the police party from his illicit weapon. In retaliatory fire,
the petitioner received injury in his leg.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
Patna High Court CR. MISC. No.68392 of 2025(3) dt.05-01-2026
2/3
the present case. No occurrence in the manner as alleged has
ever taken place. The petitioner has not been remanded in
Daraunda P.S. Case No. 54 of 2025 till date and prosecution
story is not believable. The police has stated that the petitioner
tried to run away from the police custody while he was
handcuffed and roped and also fired upon police party, which is
simply not possible. None of the members of the police party
received any fire-arm injury. The true fact of the case is that the
informant arrested this petitioner on 25.02.2025 while he was
playing cricket near his house and kept him in custody and
registered FIR on 27.02.2025 with false and concocted
allegations. Learned counsel next submits that petitioner is
having antecedent of 8 cases and chargesheet has been
submitted. Learned counsel lastly submits that petitioner is in
custody since 28.02.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that the petitioner fired upon the police party when he
was taken for recovery of fire-arms and ammunition.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and submission of
Patna High Court CR. MISC. No.68392 of 2025(3) dt.05-01-2026
3/3
chargesheet against him, the petitioner, above-named, is directed
to be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate 1 st
Class, Siwan / concerned Court, in connection with
Maharajganj P.S. Case No. 95 of 2025, subject to the
condition laid down under Section 480(3) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date or in violation of the terms of the bail, the bail bond
of the petitioner will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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