Patna High Court
Prince Kumar @ Prince ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of any evidence other than a co‑accused’s confessional statement, the petitioner is entitled to bail.
Summary
Prince Kumar was arrested in connection with a 2024 FIR alleging offences under Sections 109, 352, 351(2), 61(2) & 3(5) of the BNS and Section 27 of the Arms Act. The prosecution’s case rests mainly on the confessional statement of co‑accused Jitendra Kumar Yadav, with no direct evidence linking the petitioner to the alleged attack. The petitioner’s counsel argued that he is not named in the FIR and that the sole basis for the charge is the co‑accused’s statement, which is insufficient for continued detention. The State opposed bail, citing another pending case, but admitted that the petitioner is already on bail in that matter. The Court held that, in the absence of substantive evidence beyond the confessional statement, the petitioner is entitled to bail. Accordingly, bail was granted on a bond of Rs 10,000 with two sureties and several conditions, and the petitioner was ordered to be released.
Issues considered
- Whether the petitioner is entitled to bail when the only incriminating material is a co‑accused’s confessional statement.
- Whether the confessional statement of a co‑accused alone suffices to justify continued judicial custody.
- Whether the existence of another pending case affects the grant of bail in the present matter.
Legislation cited
Subjects
- bail
- confessional statement
- evidence
- criminal procedure
- Arms Act
- BNS
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20206 of 2026
Arising Out of PS. Case No.-314 Year-2024 Thana- PANCHRUKHI District- Siwan
======================================================
Prince Kumar @ Prince Thakur Son of Om Prakash Thakur Resident of
village - Pakwaliya, Police Station - Hussainganj, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-05-2026 Heard Mr. Ajay Kumar Tiwary, learned counsel
for the petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The petitioner seeks bail, who is in custody since
09.10.2025 in connection with Pachrukhi P.S. Case No. 314 of
2024, F.I.R. dated 14.07.2024 registered for the offence under
Sections 109, 352, 351(2), 61(2) & 3(5) of BNS and Section 27
of the Arms Act.
3. The prosecution case, in brief, is that informant on
13.07.2024, while traveling to his village in a car, he was talking
on his mobile when suddenly his phone fell and his right hand
started bleeding. Locals informed him that his vehicle had been
fired upon. He was first taken to Sadar Hospital, Siwan, and
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later admitted to Nilkamal Hospital, where a pellet was found in
his right palm. He suspects that Dr. Ranjeet Kumar, Subodh
Kumar, Dr. Ramanand Ram, and Ashutosh Sharma conspired to
attack him by hiring unknown miscreants as Ashutosh Kumar
was making recce since one week.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner is not named in the FIR and the name of the petitioner
has been transpired during the course of investigation solely on
the basis of the confessional statement of co-accused person,
namely, Jitendra Kumar Yadav @ Jimmy and except the
confessional statement of co-accused person, nothing has come
on record to show the involvement of the petitioner in the
present case. It is also submitted that the co-accused, namely,
Jitendra Kumar Yadav @ Jimmy, has been granted bail by this
Court vide order dated 24.03.2026 passed in Cr. Misc. No.
18548 of 2026. The police, after investigation, submitted the
charge-sheet against the petitioner. The petitioner is languishing
in judicial custody since 09.10.2025.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one more case other than the
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present one but fairly submits in paragraph 3 of the bail petition
that petitioner is on bail in the pending matter.
6. Considering the aforesaid facts, 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 learned Additional Chief Judicial
Magistrate-IX, Siwan in connection with Pachrukhi P.S. Case
No. 314 of 2024, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Abhishek/-
U
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