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Patna High Court

Principal Kumar @ Princpal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that bail should be granted as the petitioner was not named in the FIR and the only basis for implication was a co‑accused's confession, which does not satisfy the criteria for continued detention.

Summary

The petitioner, Principal Kumar, applied for bail in a case registered under Sections 309(5), 109(1), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act, alleging that he was falsely implicated based on a co‑accused's confessional statement. The FIR does not name him, and he has been in custody since 30‑04‑2025. The petitioner’s counsel argued innocence and lack of direct evidence, while the State opposed bail. The court examined the nature of the alleged offence, the evidentiary basis of the accusation, and the principles governing bail under criminal law. Considering the facts, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount. The order was pronounced by Justice Ansul on 01‑04‑2026.

Issues considered

  • What is the appropriate bail disposition when the accused is alleged to be falsely implicated based solely on a co‑accused's confessional statement?
  • Whether the absence of the accused's name in the FIR affects the grant of bail under the relevant criminal statutes.

Legislation cited

Subjects

  • bail
  • false implication
  • confessional statement
  • Arms Act
  • Sections 309, 109, 3, 27
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14031 of 2026
                       Arising Out of PS. Case No.-18 Year-2025 Thana- Ratanpur District- Begusarai
                 ======================================================
                 Principal Kumar @ Princpal Kumar S/O RamKaran Singh R/O - Village -
                 Ramdiri (Ramdiri Nakti) Nakti Tola, Ward No.- 7, P.s- Matihani, District-
                 Begsuarai

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sandip Kumar Gautam
                 For the Opposite Party/s :        Mr.Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in Ratanpur P.S. Case No.

                   18 of 2025 registered for the offence punishable under Sections-

                   309(5), 109(1), 3(5) of B.N.S., 2023 and 27 of the Arms Act.

                                3. Allegedly, two persons were found indulged in

                   aborted act of loot which did not fructify.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and he has falsely been implicated

                   in this case. The petitioner is not named in the FIR. The name of

                   the petitioner has transpired in the present case on the basis of

                   confessional statement of co-accused. The petitioner is under

                   custody since 30-04-2025.
            Patna High Court CR. MISC. No.14031 of 2026(3) dt.01-04-2026
                                                        2/2




                                   5. Learned APP has opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances,

                      let the petitioner named above, 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 learned Court

                      below/concerned Court, Begusarai in connection with Ratanpur

                      P.S. Case No. 18 of 2025.



                                                       (Ansul, J)
A.K.V.//-

U      T


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