Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The application for pre‑arrest bail was dismissed.
Summary
Petitioners Pramod Kumar and Subodh Kumar applied for pre‑arrest bail in a case registered under multiple sections of the Indian Penal Code for allegedly assaulting the son and daughter‑in‑law of an informant with intent to kill, causing grievous injuries. They claimed innocence, clean antecedents, and alleged false implication. The State opposed, noting that a medical report classified the injuries as grievous and that processes under Sections 83 and 84 of the BNSS had already been issued. The Court, considering the seriousness of the allegations and the progress of the investigation, declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged under the IPC.
- Whether the existence of a medical report indicating grievous injury and pending processes under Sections 83 and 84 of the BNSS justify denial of bail.
Legislation cited
- Indian Penal Code — s. 109, 115, 118, 126, 3, 331, 351, 61
Subjects
- pre‑arrest bail
- Indian Penal Code
- grievous hurt
- assault
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6900 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- MEHUSH District- Sheikhpura
======================================================
1. Pramod Kumar S/O Late Binod Mahto Resident of Village- Deole, Police
Station- Sheikhpura, Distt.- Sheikhpura, Bihar.
2. Subodh Kumar S/O Late Binod Mahto R/O Village- Deole, P.S- Sheikhpura,
Dist.- Sheikhpura, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 05-05-2026 Heard Mr. Anil Kumar Singh, learned counsel
appearing on behalf of the petitioners and Mr. Ajit Kumar,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Mehus P.S. Case No. 46 of 2025 registered for the
offence(s) punishable under Sections 126(2), 115(2), 118(1),
109, 331(8), 351(3), 61(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioners,
with an intention to kill, had allegedly assaulted the son and
daughter-in-law of the informant causing injuries.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and they have
Patna High Court CR. MISC. No.6900 of 2026(5) dt.05-05-2026
2/2
falsely been implicated in the present case. Petitioners have
clean antecedent. On these grounds, petitioners seek to be
released on pre-arrest bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners and
submitted that already process under Sections 83 and 84 of the
BNSS has been issued against the petitioners and from the
injury report it appears that injury sustained by the son of the
informant, which is attributable to the petitioners, has been
opined by the doctor to be grievous in nature.
6. Considering the nature of allegation, as well as, the
progress, which has taken place, I am not inclined to enlarge the
petitioners on pre-arrest bail.
7. Accordingly, the present application stands
dismissed.
(Purnendu Singh, J)
Niraj/-
U T
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