Patna High Court
Prince Kumar @ Babloo @ Babloo KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 103(1), 140(2), 238, 3(5), 61(2)
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
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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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