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Patna High Court

Pramod Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court declined to grant pre‑arrest bail, holding that the circumstances did not warrant such relief.

Summary

The petitioner, Pramod Kumar Singh, applied for pre‑arrest bail fearing his arrest in connection with a criminal case (Sakra P.S. Case No. 280 of 2023) registered under Sections 302 and 34 of the Indian Penal Code. The High Court examined the allegations in the FIR, which pertained to a murder offence and a charge of common intention. The Court held that the seriousness of the offences did not justify the grant of pre‑arrest bail. It directed the petitioner to approach the District Court for a regular bail application, if he wishes to seek bail. The District Court was instructed to decide the bail application promptly, without prejudice from the High Court’s observations. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

  • Whether a pre‑arrest bail should be granted in a case involving alleged murder under Section 302 IPC and common intention under Section 34 IPC.

Legislation cited

Subjects

  • pre‑arrest bail
  • murder
  • Section 302 IPC
  • Section 34 IPC
  • High Court
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87991 of 2025
                      Arising Out of PS. Case No.-280 Year-2023 Thana- SAKRA District- Muzaffarpur
                 ======================================================
                 Pramod Kumar Singh S/o Late Ram Alekh Singh Ro Village - Siho Kurmi
                 Tola, P.S - Sakra,District - Muzuffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Priyanka Kumari W/o Ranjeet Kumar D/o Shreeram Singh, R/o Village -
                 Siho Kurmi Tola, P.S - Sakra, District - Muzaffarpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dharmendra Kumar Paswan, Advocate
                 For the Opposite Party/s :        Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   09-04-2026                          Heard Mr. Dharmendra Kumar Paswan, learned

                   counsel appearing on behalf of the petitioner and Mr. Jai Narain

                   Thakur, learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Sakra P.S. Case No. 280 of 2023 registered under Sections

                   302 and 34 of the Indian Penal Code.

                                3. Considering the allegation made in FIR, I am not

                   inclined to enlarge the petitioner on pre-arrest bail.

                                4. The petitioner, if so advised, may seek regular bail

                   before the learned District Court. The learned District Court is

                   directed to pass a necessary order, in accordance with law, on

                   the basis of materials available on record, on the same day, the
           Patna High Court CR. MISC. No.87991 of 2025(5) dt.09-04-2026
                                                       2/2




                     bail application is filed, without any further delay and without

                     being prejudiced by any observation made by this Court.

                                  5. Accordingly, the present application stands

                     rejected.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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