Patna High Court
Principal Kumar @ Princpal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions.
Summary
Principal Kumar was arrested in connection with a case registered under Sections 140(3) and 3(5) of the N.N.S. and a chargesheet under Sections 103(1), 238 and 61(2) of the B.N.S. He claimed innocence, stating that only a confessional statement obtained by police implicated him, and that he had been falsely implicated. The prosecution highlighted his criminal antecedent of nine pending cases and the confessional statement in which he admitted association with co‑accused Kare Singh. The State opposed bail on the ground of his prior record, while the petitioner argued that he had been in custody since May 2025 and that Kare Singh had already been granted bail. The Court, after considering the circumstances, ordered the petitioner to be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation with the trial and weekly attendance at the police station. The bail was granted despite the petitioner’s criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite his criminal antecedent of nine cases and a confessional statement.
- Whether the confessional statement alone suffices to deny bail.
Legislation cited
- B.N.S. — s. 103(1), 238, 61(2)
Subjects
- bail
- criminal antecedent
- confessional statement
- postmortem report
- conditions of bail
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14240 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- MATIHANI 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, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Matihani P.S. Case No.52 of 2025 registered for the
offence punishable under Sections 140(3) and 3(5) of N.N.S.
and chargesheet has been submitted under Section 103(1), 238,
61(2) of B.N.S.
3. The case of the prosecution, in short, is that two
unknown miscreants took away the son of the informant,
namely, Dipak Kumar @ Chippu. When he did not return till
night, he was being searched. He was called on his mobile, but
his mobile was switched off.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.14240 of 2026(2) dt.25-02-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. It has further been submitted that as he has criminal
antecedent of nine cases, he was remanded in this case from
Muffasil P.S. Case No. 122 of 2025 and after that police has
extracted his confessional statement in which he has confessed
his guilt. Save and except the confessional statement there is
nothing agaisnt him. In para ‘45’ of the case diary, the
petitioner has given his confessinal statement wherein he has
stated that he is also associate of one Kare Singh and that he is
indulged in other crimes also and that he has confessed his guilt.
From perusal of the postmortem report, it is clear that the
doctors have opined that the death was due to neurogenic and
hemorrhagic shock as a result of antemortem injuries caused by
heavy, hard and blunt object. It has also been submitted that co-
accused Kare Singh has been granted bail by this Court vide Cr.
Misc. No. 57402 of 2025. Moreover, petitioner is languishing in
judicial custody since 03.05.2025
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of nine cases.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.14240 of 2026(2) dt.25-02-2026
3/3
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Begusarai in connection with Matihani P.S.
Case No. 52 of 2025 with the following condition:-
(i) The petitioner shall cooperate in the trial and
shall remain physically present on each and every date fixed
by the learned trial Court.
(ii) He shall mark his attendance weekly at
Muffasil P.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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