Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Prince Kumar was arrested on 22 August 2025 in connection with a robbery in which Rs. 66,010 was stolen, alleged under Section 309(4) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case is based on a confessional statement of a co‑accused, as the petitioner’s name does not appear in the FIR and no material was recovered from his possession. The petitioner contended that he was falsely implicated and that the police had not conducted any thorough investigation. The State opposed bail, citing three prior criminal antecedents, though one case had a final order in his favour, another he was on bail, and the third was pending. The court, after considering the lack of direct evidence and the petitioner’s cooperation, granted bail on a Rs. 10,000 bond with two sureties, subject to conditions of appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bihar Narcotic Substances Act, 2023 despite his prior criminal antecedents.
- Whether the confessional statement of a co‑accused suffices to justify continued detention in the absence of material recovery.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4)
Subjects
- bail
- criminal antecedent
- false implication
- confessional statement
- Section 309(4)
- Bihar
- robbery
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16382 of 2026
Arising Out of PS. Case No.-19 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Prince Kumar Son of Shambhu Yadav R/o Village - Bhagwanpur, P.S. -
Baijnathpur, Dist. - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
Mr. Binod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 03-04-2026 Heard Mr. Ashok Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.08.2025 in connection with Madhepura (Ghailarh O.P.) P.S.
Case No. 19 of 2025, F.I.R. dated 06.01.2025 for the offences
punishable under Section 309(4) of the BNS, 2023.
3. According to prosecution case, while informant
was returning his home, three miscreants intercepted him and
looted his bag containing Rs. 66,010/- cash and fired in the air
and fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
Patna High Court CR. MISC. No.16382 of 2026(3) dt.03-04-2026
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name has been transpired during investigation on the basis of
the confessional statement of the co-accused, namely, Bihari
Kumar @ Bihari Yadav. He further submits that nothing has
been recovered from the conscious possession or the house of
the petitioner and till date no TIP has been conducted by the
prosecution. He further submits that the petitoiner has been
remanded in the present case from Madhepura (Ghailarh O.P.)
P.S. Case No. 1236 of 2024 on 22.08.2025. He further submits
that the police after investigation submitted the charge sheet
against the petitioner. The petitioner is in custody since
22.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries three criminal antecedents other
than the present one but fairly submits that in one case final
form has been submitted in favour of the petitioner, in one case
he is on bail and one case is pending for consideration before
the competent court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned Sub-
Patna High Court CR. MISC. No.16382 of 2026(3) dt.03-04-2026
3/3
Divisional Judicial Magistrate, Madhepura in connection with
Madhepura (Ghailarh O.P.) P.S. Case No. 19 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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