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Patna High Court

Prince Kumar @ Babloo @ Babloo KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Prince Kumar was arrested in connection with a case registered under Sections 140(2), 61(2), 103(1), 238 and 3(5) of the Bihar Negotiable Instruments Act. The prosecution alleged that the informant’s son demanded Rs 5 lakh and that the petitioner’s name appeared only in the confessional statement of co‑accused Abhinav Kumar. The petitioner contended that he was falsely implicated, had no prior criminal record, and that the only incriminating material was the co‑accused’s confession, for which other co‑accused had already been granted bail. The State opposed bail. After hearing both sides, the Court considered the lack of substantive evidence against the petitioner and the precedent of bail to co‑accused, and ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences and the evidentiary material consisting solely of a co‑accused’s confessional statement.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • co‑accused
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14319 of 2026
                  Arising Out of PS. Case No.-93 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
                 ======================================================
                 Prince Kumar @ Babloo @ Babloo Kumar, S/o- Pramod Singh, R/v- Bihat,
                 Tola- Asharpalpur, W.No-21, Ps- FCI, Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramakant Sharma, Sr. Advocate
                                                 Mr. Bipin Kumar, Advocate
                                                 Mr. Ravikant, Advocate
                                                 Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, 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 Lohiyanagar P.S. Case No. 93 of 2025 registered for the

                   offence punishable under Sections 140(2), 61(2), 103(1), 238

                   and 3(5) of BNS.

                                 3. The case of the prosecution, in short, is that the son

                   of the informant has gone to fetch vegetables with one Guddu

                   Paswan. When he did not return for a considerable moment, a

                   call was received on the mobile of Guddu Paswan with a request

                   to connect him with the informant. When the informant talked

                   his son, he disclosed that send Rs. 5 lakh. After this, the phone
Patna High Court CR. MISC. No.14319 of 2026(2) dt.25-02-2026
                                            2/3




          was disconnected. The informant asked Guddu Paswan, Guddu

          Paswan disclosed that Bhola Mahto, the son of the informant

          (deceased) boarded in a vehicle at smart point and has gone

          somewhere. After this, the informant called his son then the

          deceased said that come with Rs. 5 lakh, he is being assaulted.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. His name has been disclosed by co-accused Abhinav

          Kumar in his confessional statement. Save and except the

          confessional statement of co-accused, there is nothing against

          the petitioner. It has also been submitted that co-accused

          Abhinav Kumar, in whose confessional statement the name of

          this petitioner has surfaced, has been granted bail by this Court

          vide Cr. Misc. No. 80814 of 2025 and similarly situated co-

          accused Binit Kumar has also been granted bail by this Court

          vide Cr. Misc. No. 7748 of 2026. Petitioner is having no

          criminal antecedent and he is languishing in judicial custody

          since 16.12.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and
             Patna High Court CR. MISC. No.14319 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 Chief

                       Judicial Magistrate, Begusarai in connection with Lohiyanagar

                       P.S. Case No. 93 of 2025.


                                             (Ashok Kumar Pandey, J)

lata/-
U        T


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