Pramod Kumar Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Pramod Kumar Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in Maharajganj P.S. Case No. 95 of 2025 on furnishing bail bonds of Rs. 10,000 (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Siwan / concerned Court, subject to the condition under Section 480(3) B.N.S.S. and further conditions: one bailor to be a close relative; presence on every date fixed by the court below if required; bail bond liable to cancellation on single non-appearance or violation of terms.

Issue for consideration

Whether the petitioner, arrested in connection with Maharajganj P.S. Case No. 95 of 2025 (registered under Sections 132, 109, 262 and 121(1) of the B.N.S., 2023 and Sections 25(1-b)(a), 26 and 27 of the Arms Act), should be released on bail.

Court's answer

Having regard to the facts and circumstances, the submissions of the parties, the petitioner's period of custody and the submission of chargesheet against him, the Court directed the petitioner's release on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Siwan / concerned Court, in connection with Maharajganj P.S. Case No. 95 of 2025.

Ratio / Principle

The bail grant is made subject to the condition laid down under Section 480(3) of the B.N.S.S. and additional conditions, including that one of the bailors will be a close relative of the petitioner and that the petitioner will remain present on each and every date fixed by the court below if so required by the learned trial Court.

Key takeaways

In case of the petitioner's non-appearance on a single date or violation of the terms of bail, his bail bond will be liable to be cancelled by the Court concerned.ratio¶25

Detailed headnote1 paragraphs

BAIL — GRANTED. Patna High Court (Arun Kumar Jha, J), Criminal Miscellaneous No. 68392 of 2025, decided 05-01-2026, arising out of Maharajganj P.S. Case No. 95 of 2025 dated 27.02.2025, District Siwan, registered for offences punishable under Sections 132, 109, 262 and 121(1) of the B.N.S., 2023 and Sections 25(1-b)(a), 26 and 27 of the Arms Act. Prosecution case: police took the petitioner, a non-FIR named accused of Daraunda P.S. Case No. 54 of 2025, for recovery of fire-arms and ammunition; he allegedly tried to run away and fired upon the police party from his illicit weapon, receiving a leg injury in retaliatory fire; no police personnel suffered fire-arm injury. Defence pleaded false implication, alleging arrest on 25.02.2025 while playing cricket and FIR registration on 27.02.2025 with concocted allegations; petitioner had 8 antecedent cases and a chargesheet had been submitted; petitioner in custody since 28.02.2025. Considering the period of custody and submission of chargesheet, the Court directed release on bail on a bond of Rs.10,000 with two like sureties to the satisfaction of the Judicial Magistrate 1st Class, Siwan / concerned Court, subject to Section 480(3) of the B.N.S.S. and further conditions: one bailor a close relative; attendance on all dates fixed if required by the trial Court; bail bond cancellable on a single non-appearance or violation of terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68392 of 2025

Arising Out of PS. Case No.-95 Year-2025 Thana- MAHARAJGANJ District- Siwan

======================================================

Pramod Kumar Yadav S/o- Pramanand Yadav, R/o- Indauli, PS- Maharajganj, Dist- Siwan.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Ms. Mili Kumari, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 05-01-2026

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

In the present case, the petitioner seeks bail in connection with Maharajganj P.S. Case No. 95 of 2025 dated 27.02.2025, registered for the offences punishable under Sections 132, 109, 262 and 121(1) of the B.N.S., 2023 and Sections 25(1-b)(a), 26 and 27 of the Arms Act.

As per the prosecution case, police went with the petitioner, non-FIR named accused of Daraunda P.S. Case No. 54 of 2025, for recovery of some fire-arms and ammunition. The petitioner tried to run away on reaching the spot and fired upon the police party from his illicit weapon. In retaliatory fire, the petitioner received injury in his leg.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in

Patna High Court CR. MISC. No.68392 of 2025(3) dt.05-01-2026 2/3

the present case. No occurrence in the manner as alleged has ever taken place. The petitioner has not been remanded in Daraunda P.S. Case No. 54 of 2025 till date and prosecution story is not believable. The police has stated that the petitioner tried to run away from the police custody while he was handcuffed and roped and also fired upon police party, which is simply not possible. None of the members of the police party received any fire-arm injury. The true fact of the case is that the informant arrested this petitioner on 25.02.2025 while he was playing cricket near his house and kept him in custody and registered FIR on 27.02.2025 with false and concocted allegations. Learned counsel next submits that petitioner is having antecedent of 8 cases and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 28.02.2025.

Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that the petitioner fired upon the police party when he was taken for recovery of fire-arms and ammunition.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of

Patna High Court CR. MISC. No.68392 of 2025(3) dt.05-01-2026 3/3

chargesheet against him, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Siwan / concerned Court, in connection with Maharajganj P.S. Case No. 95 of 2025 , subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the

petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J)

Shahnawaz/-

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