Patna High Court
Prince Kumar @ Rajesh Kumar @ Rajesh Kumar PrinceversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Prince Kumar, sought anticipatory bail fearing arrest in a case involving offences under Sections 363, 365, 34, 364, 302, 201 and 120B of the Indian Penal Code. The prosecution alleged that the son of an informant went missing on 11‑10‑2023 and that co‑accused Sangeet Kumar had contracted the murder, after which the body was dismembered. The petitioner’s name does not appear in the FIR; it was derived solely from a confessional statement made by Sangeet Kumar. The State opposed bail, contending that the petitioner was the actual perpetrator of the murder and highlighted his two prior criminal antecedents. The Court considered the seriousness of the charges, the material gathered during investigation, and the petitioner’s criminal history. Consequently, the Court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is implicated through a co‑accused’s confessional statement
- Whether the gravity of the offences and the petitioner’s prior criminal antecedents justify refusal of anticipatory bail
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34, 363, 364, 365
Subjects
- anticipatory bail
- Indian Penal Code
- murder
- conspiracy
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26742 of 2025
Arising Out of PS. Case No.-487 Year-2023 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Prince Kumar @ Rajesh Kumar @ Rajesh Kumar Prince S/o- Shrawan SAh
@ Sharwan SAh @ Shravan Sah Resident of village- Rambhadarpur ward no
3 Ps- Pataur District-Darbhanga At Present Resident of village Dudhepura Ps-
Muffasil Bajepur District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 363, 365/34 of the
Indian Penal Code to which Sections 364, 302, 201, 120B IPC
were added later on.
3. As per the prosecution case, son of the informant
went missing on 11.10.2023. It is alleged that co-accused
Sangeet Kumar had given the contract of killing the son of
informant and the deceased was cut into pieces.
4. Learned counsel for the petitioner submits that
petitioner is not named in the F.I.R. and his name transpired
only on the basis of confessional statement of co-accused
Sangeet Kumar.
Patna High Court CR. MISC. No.26742 of 2025(4) dt.08-01-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that as per statement of co-
accused Sangeet Kumar, it was this petitioner who committed
the murder of the deceased. Petitioner has got two criminal
antecedents
6. Considering the nature and seriousness of
accusation, materials that have come during course of
investigation and criminal antecedents, prayer for anticipatory
bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…