Patna High Court
PRINCE @ BANTI @ BANTI KUMAR @ PRINCE KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to monetary bond, sureties, and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Prince Kumar, sought bail in a case registered under Sections 25(1‑B)(a), 25(1‑AA), 26(2) and 35 of the Arms Act, alleging that his only incriminating material was a confessional statement of co‑accused seized during a police raid. He contended that the statement had no evidentiary value and that he had not previously applied for anticipatory or regular bail. The State opposed the bail, citing the seriousness of the offences and the petitioner’s alleged involvement in other cases. The High Court considered the lack of substantive material against the petitioner and the procedural aspects, and granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation if undisclosed criminal antecedents emerge. The order directed the petitioner to surrender within eight weeks if arrested.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under the Arms Act.
- Whether a confessional statement of a co‑accused can constitute sufficient material to deny bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- Arms Act — s. 25(1-AA), 25(1-B)(a), 26(2), 35
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- Arms Act
- confessional statement
- anticipatory bail
- criminal antecedents
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4373 of 2026
Arising Out of PS. Case No.-401 Year-2025 Thana- SAHPUR District- Patna
======================================================
Prince @ Banti @ Banti Kumar @ Prince Kumar, Son of Binod Ray R/o
Vill.- Dalluchak, P.S.- Khagaul, District - Patna, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ravi Kant Kumar, Advocate
For the State : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with Shahpur
P.S. Case No.401 of 2025, dated-25.09.2025, registered for the
offences punishable under Sections 25(1-B)(a), 25(1-AA),
26(2), 35 of the Arms Act.
3. As per allegation, on secret information, the police
raided a house where the co-accused, Awdhesh Kumar and
Aman Kumar were caught along with arms and ammunition and
in the confessional statement, name of the Petitioner has
transpired, showing his involvement in the illegal activities.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.4373 of 2026(2) dt.04-02-2026
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case. He further submits that the Petitioner has nothing to do
with the alleged offence and there is no legal material against
him. The only material against the Petitioner is the confessional
statement of the co-accused before the police, which has no
evidentiary value.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in two other
cases.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Shahpur P.S. Case No.401 of 2025, subject to the
Patna High Court CR. MISC. No.4373 of 2026(2) dt.04-02-2026
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conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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