Patna High Court
Pramod Sah @ Pramod GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner on condition of a bond and sureties.
Summary
The petitioner, Pramod Sah alias Pramod Gupta, was charged with several offences under the Indian Penal Code, including assault causing death, after an FIR alleged that he and a co‑accused assaulted the father of an informant with a spade. The petitioner contended that the FIR was based on suspicion and not on an eye‑witness account, pointing to a later restatement by the informant and his brother that shifted primary blame to another accused, Dhirendra Kumar Gupta. The State opposed bail, relying on the serious nature of the allegations in the FIR. The court considered the material gathered during investigation, the fact that charges had already been framed, and the lack of a near‑term trial date. It concluded that bail could be granted on condition of a Rs 10,000 bond with two sureties, subject to the satisfaction of the concerned Judicial Magistrate.
Issues considered
- Whether bail should be granted in a case involving serious offences such as assault causing death despite the FIR allegations.
- Whether the change in witness statements and the alleged suspicion in the FIR affect the bail decision.
- Whether the framing of charges precludes the grant of bail.
Legislation cited
- Indian Penal Code — s. 103(1), 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- FIR
- assault
- homicide
- charge framing
- high court
- surety
- bond
- investigation
- restatement of witness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75300 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- CHHATAPUR District- Supaul
======================================================
Pramod Sah @ Pramod Gupta S/o Late Domi Sah Resident of Village-
Chhatapur, Ward No 04, PS- Chhatapur, District- Supaul State Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhiresh Kumar Dhiraj, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 118(1),
109(1), 352, 351(2), 3(5) of the B.N.S. later on Section 103(1)
of the B.N.S. has been added.
3. As per the prosecution case, the petitioner along
with other co-accused persons is said to have assaulted the
father of the informant causing his death.
4. The learned counsel for the petitioner submits
that no doubt in the First Information Report there is allegation
on the petitioner that he along with Ranjit Kumar assaulted the
deceased with spade causing his death, but as a matter of fact,
the First Information Report is not based on an eye-witness
Patna High Court CR. MISC. No.75300 of 2025(3) dt.13-02-2026
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account but is rather based on suspicion. It is further submitted
that after the petitioner was taken into custody on the same day
of the lodging of the First Information Report, the restatement
of the victim was recorded which indicates a different story and
the main allegation is upon one Dhirendra Kumar Gupta that
during a fit of anger and rage on account of some verbal
squabble, assaulted the deceased from back side of the spade
causing injury to him. This restatement of the informant has
been recorded in paragraph-10 of the case diary and the same
has been reiterated by the brother of the deceased whose
statement has been recorded in paragraph-11 of the case diary.
Further petitioner is in custody since 04.05.2025 and charges
have already been framed.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the material that has transpired
during the course of investigation, coupled with the fact that
charges have already been framed in this case and there is no
likelihood of conclusion of trial in near future, let the above
named petitioner, be released on bail on furnishing bail
Patna High Court CR. MISC. No.75300 of 2025(3) dt.13-02-2026
3/3
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned
Judicial Magistrate-First Class, Supaul/concerned Court below
in connection with Chhatapur P.S. Case No. 139 of 2025.
(Soni Shrivastava, J)
anand/-
U T
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