Patna High Court
Pramod Singh @ Pramod Kumar @ Gannauri SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted to the petitioner subject to the conditions prescribed under Section 438(2) of the Code of Criminal Procedure.
Summary
Petitioner Pramod Singh was arrested in connection with a case alleging molestation of a minor under Sections 126(2), 74, 79 and 352 of the Bihar Narcotic Substances Act, 2023 and Sections 8 and 12 of the POCSO Act. He contended that the FIR was false, fabricated due to village politics, and was lodged more than 24 hours after the alleged incident. The prosecution opposed bail, emphasizing the specific allegations in the FIR. The court, noting the petitioner’s clean antecedent and the nature of the allegations, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC, including cooperation with the trial and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to an accused of offences under the Bihar Narcotic Substances Act, 2023 and the POCSO Act.
- Whether the delay in filing the FIR and the claim of false allegations affect the grant of bail.
- Whether a clean criminal antecedent is sufficient ground for bail in such serious offences.
Legislation cited
- Bihar Narcotic Substances Act — s. 126(2), 352, 74, 79
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- POCSO
- false FIR
- criminal antecedent
- Section 438
- Patna High Court
- sexual assault
- minor
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86592 of 2025
Arising Out of PS. Case No.-466 Year-2025 Thana- PALIGANJ District- Patna
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Pramod Singh @ Pramod Kumar @ Gannauri Singh S/o Jatun Singh @
Jayatun Singh R/o Village - Dhibari, P.O - Sikaria, P.S - Paliganj, District -
Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/o Y R/o Village - Akwarpur, P.S - Paliganj, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmeshwar Vishwakarma, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Parmeshwar Vishwakarma, learned
counsel for the petitioner and Mr. Uma Shankar Prasad Singh,
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Paliganj P.S. Case No. 466 of 2025, F.I.R. dated
22.09.2025 for the offences punishable under Sections 126(2),
74, 79 and 352 of the BNS, 2023 and Sections 8/12 of the
POCSO Act.
3. According to prosecution case, this petitioner
molested the minor daughter of the informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.86592 of 2025(2) dt.08-01-2026
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implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R and due to village politics the
informant has falsely implicate the petitioner in the present
occurrence. Apart from that the date of occurrence is 21.09.2025
but the F.I.R has been instituted on 22.09.2025 i.e., after delay
of more than 24 hours.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that it appears from the F.I.R that there is direct and
specific allegation against the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the nature of
allegation, let the petitioner, above named, in the event of his
arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District Additional Sessions Judge-VII cum
Exclusive Special Judge POCSO, Patna in connection with
Paliganj P.S. Case No. 466 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.86592 of 2025(2) dt.08-01-2026
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Procedure and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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