Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing release upon furnishing a bond with sureties.
Summary
Prince Kumar was arrested in connection with a case registered under sections 115(1), 126(2), 109, 304 and 3(5) of the BNS and Section 27 of the Arms Act, alleged to have been involved in a shooting incident. The petitioner contended that his name does not appear in the FIR and that, apart from a confessional statement, there is no material linking him to the offence; he has been in judicial custody since 9 March 2026. The State opposed regular bail, highlighting four prior criminal convictions. After hearing both sides, the Court found the lack of substantive evidence against the petitioner and, despite his antecedents, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the ACJM, Vaishali at Hajipur.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges under the BNS and Arms Act.
- Whether the absence of the petitioner's name in the FIR and reliance on a confessional statement suffices to deny bail.
- Whether the petitioner's prior criminal antecedents justify refusal of bail.
Legislation cited
Subjects
- regular bail
- bail petition
- criminal antecedents
- confessional statement
- Arms Act
- BNS
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41926 of 2026
Arising Out of PS. Case No.-557 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Prince Kumar Son of Rameshwar Rai @ Ramswaroop Ray R/o - Dullapur,
Police Station - Goraul (Katahara), District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 115(1),
126(2), 109, 304 and 3(5) of BNS and Section 27 of the Arms
Act.
3. The case of the prosecution is that one Sumit
Kumar Rai has fired with country made pistol at the husband of
the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the name of this
petitioner does not find place in the FIR. He was remanded in
this case from Mahua P.S. Case No. 105 of 2026 wherein he has
Patna High Court CR. MISC. No.41926 of 2026(2) dt.29-06-2026
2/2
given his confessional statement. Save and except confessional
statement, there is nothing against him. From perusal of the FIR,
it is clear that the main thrust of allegation is against one Sumit
Rai. Moreover, the petitioner is languishing in judicial custody
since 09.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having four criminal antecedents.
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 released on bail in connection with
Goraul (Katahara) P.S. Case No. 557 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Court of A.C.J.M. I,
Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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