Patna High Court
Prince Kumar @ Prince YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.
Summary
Prince Kumar petitioned for bail in a case registered as Gwalpara P.S. Case No. 234 of 2024, alleging offences under Sections 109 and 3(5) of the B.N.S., 2023. The prosecution alleged that the petitioner, along with others, indiscriminately fired at the house of an informant, while the petitioner claimed innocence, stating that the allegations were vague, no injury occurred, and he was falsely implicated. He had been in judicial custody since 11 February 2025. The State opposed bail, highlighting the petitioner’s criminal antecedent of eleven prior cases. After hearing both sides, the Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties to the satisfaction of the Judicial Magistrate, 1st Class, Udakishunganj.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the alleged offence and his prior criminal antecedents
- Whether the allegations constitute a sufficient ground to deny bail
Legislation cited
- B.N.S., 2023 — s. 109, 3(5)
Subjects
- bail
- criminal antecedent
- false implication
- indiscriminate firing
- judicial custody
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4933 of 2026
Arising Out of PS. Case No.-234 Year-2024 Thana- GWALPARA District- Madhepura
======================================================
Prince Kumar @ Prince Yadav S/o Resham Lal Yadav Resident of Shyam,
P.S.- Gwalpara, Distt- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Patla Kumari, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Gwalpara P.S. Case No. 234 of 2024 registered for the
offence punishable under Sections 109/3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner along with others have made indiscriminate firing at
the house of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that the nature
of allegation is general and omnibus. Nobody has received any
injury. He further submits that the petitioner is languishing in
Patna High Court CR. MISC. No.4933 of 2026(2) dt.04-02-2026
2/2
judicial custody since 11.02.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of eleven 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. 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 learned Judicial
Magistrate, 1st Class, Udakishunganj in connection with
Gwalpara P.S. Case No. 234 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…