Created by Fuzzy Cloud

Patna High Court

Pramod Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.