Patna High Court
Jivan Prakash @ Jivan RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Jivan Prakash, was arrested in connection with a case registered under Sections 109(1), 126(2), 352 & 3(5) of the BNS and Section 27 of the Arms Act, after a co‑accused named him. The petitioner argued that the FIR was lodged against unknown miscreants and that, apart from the co‑accused’s confessional statement, there was no other material linking him to the offence. The State opposed bail, highlighting the petitioner’s extensive criminal antecedent involving a dozen cases. After hearing both sides, the Court considered the nature of the offences, the lack of direct evidence against the petitioner, and his willingness to cooperate with the trial. The Court granted bail on the condition of personal appearance in court, weekly attendance at the police station, and a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite his criminal antecedent and the seriousness of the offences.
- Whether the confessional statement of a co‑accused is sufficient ground to deny bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Statutes (BNS) — s. 109(1), 126(2), 3(5), 352
Subjects
- bail
- criminal antecedent
- Arms Act
- high court
- conditions of bail
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37210 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- BIHRA District- Saharsa
======================================================
Jivan Prakash @ Jivan Ram S/o Ravindra Ram R/o Village - Piprahi, P.S -
Mathahi, District – Madhepura .. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma, Advocate
For the Opposite Party/s : Mr. Rajendra Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Bihra P.S. Case No.12 of 2025 registered for the offence
punishable under Sections 109(1), 126(2), 352 & 3(5) of the BNS
and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that unknown
miscreants intercepted the bike of the informant and assaulted him
with butt of country made pistol.
4. Learned counsel appearing on behalf of the petitioner
has submitted that the FIR was lodged against unknown
miscreants. During course of investigation, one Deepak @ Kalia
was arrested and he disclosed the name of the petitioner. It has
been submitted that save and except the confessional statement
there is nothing against the petitioner. It has further been
submitted that thought the petitioner is having criminal antecedent
Patna High Court CR. MISC. No.37210 of 2026(2) dt.16-06-2026
2/2
of 12 cases, it will transpire that most of the cases are of the year
2025 whereas the petitioner is in custody since 20.02.2025. It has
been submitted that the petitioner has been implicated in most of
the cases by police after being arrested in this case.
5. The application for bail is opposed by learned APP
for the State. It has been submitted that the petitioner is having
criminal antecedent of dozen of cases.
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 with the condition that
the petitioner shall co-operate in the trial; shall remain
physicall present on each and every date in the learned trial
court, whenever required and shall also mark his weekly
attendance at Pipra P.S.
7. 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 court of learned Additional Sessions Judge-IV, Saharsa in
connection with Bihra P.S. Case No.12 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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