Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Prince Kumar applied for bail in a case (Parbatta P.S. Case No. 382 of 2024) involving alleged violations of Sections 317(2) and 317(4) of the B.N.S. and Sections 25(1‑B)a and 26 of the Arms Act. The prosecution’s case is based on weapons recovered from the house of co‑accused Roshan Kumar, who named the petitioner, while no material was seized from the petitioner himself. The petitioner’s counsel argued that he is innocent, that the only evidence against him is the co‑accused’s statement, and that the co‑accused has already been granted bail. The State opposed bail, citing a prior criminal antecedent of the petitioner. After hearing both sides, the Court found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the District and Additional Sessions Judge‑III, Khagaria.
Issues considered
- Whether the petitioner is entitled to bail despite the co‑accused’s statement implicating him
- Whether the presence of a prior criminal antecedent justifies denial of bail
- Whether the lack of seized material from the petitioner warrants bail
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- evidence
- co‑accused statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19558 of 2026
Arising Out of PS. Case No.-382 Year-2024 Thana- PARBATTA District- Khagaria
======================================================
Prince Kumar, S/O Bam Bam Yadav, Resident of Village-Salarpur, P.S.-
Parbatta, District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Parbatta P.S. Case No. 382 of 2024 registered for the
offence punishable under Sections 317(2), 317(4) of B.N.S. and
Sections 25(1-B)a and 26 of the Arms Act.
3. The case of the prosecution, in short, is that the
house of one Roshan Kumar was searched and from his
possession, weapons were recovered and he has disclosed the
name of the petitioner.
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. Nothing has been recovered from his possession. He has
Patna High Court CR. MISC. No.19558 of 2026(2) dt.10-04-2026
2/2
no concerned with the alleged recovery. It has further been
submitted that save and except the statement of the co-accused,
there is nothing against the petitioner. It has also been submitted
that co-accused Roshan Kumar who has named this petitioner,
has been granted bail by Co-ordiante Bench of this Court vide
Cr. Misc. No. 27966 of 2025.He is languishing in judicial
custody since 29.10.2024.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
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
District and Additional Sessions Judge-III, Khagaria in
connection with Parbatta P.S. Case No. 382 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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