Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Prince Kumar sought anticipatory bail after the FIR alleged that he, along with others, was armed and assaulted the son of an informant, with charges under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioner's counsel argued that the primary assault was attributed to Sudhanshu Kumar and Shantanu Kumar on the orders of Ashutosh Kumar, and that Prince Kumar's alleged involvement was limited to snatching jewellery, with no specific assault act. A coordinate bench had already granted anticipatory bail to co‑accused Ashutosh Kumar in a related matter. The State opposed the bail on the basis of the FIR allegations. Considering the lack of a specific assault allegation against Prince Kumar and the precedent of bail to the order‑giver, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR alleging participation in armed assault and other offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- BNSS
- criminal procedure
- section 438
- section 482
- assault
- theft
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7580 of 2026
Arising Out of PS. Case No.-1 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Prince Kumar S/O Ashok Ray @ Ashok Kumar Ray R/O Vill and P.o.-
Kerwan, P.S.- Isuapur, dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rananjay Kumar, Advocate
: Mrs. Chhateshwari Kumari, Advocate
: Md. Shahid Jawed, Advocate
: Mr. Aamir Suhail, Advocate
: Mr. Sumit Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 303(2), 351(2) and 352 of the B.N.S.
3. The allegation in the First Information Report is that
all the accused persons including the petitioner came variously
armed and indulged in assaulting the son of the informant causing
injury to him.
4. The learned counsel for the petitioner submits that the
main allegation of assault on the head of the son of the informant
is upon Sudhanshu Kumar and Shantanu Kumar at the order of
Ashutosh Kumar and a Co-ordinate Bench of this Court has
already granted the privilege of anticipatory bail to co-accused
Ashutosh Kumar vide order dated 11.08.2025 passed in Cr. Misc.
No.48835 of 2025. So far as the petitioner is concerned, his case
Patna High Court CR. MISC. No.7580 of 2026(2) dt.04-02-2026
2/2
stands on a better footing as the allegation against him is confined
to snatching of some jewellery and there is no specific act of
assault attributed to him.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and circumstances
and considering the fact that there is no specific act of assault
attributed to the present petitioner, coupled with the fact that the
alleged order giver has already been granted privilege anticipatory
bail by a Co-ordinate Bench of this Court, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Isuapur P.S. Case No.
01 of 2025, subject to the condition as laid down under Section
438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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