Patna High Court
Pramod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PURNENDU SINGH
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
- Indian Penal Code — s. 302, 34
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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