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Patna High Court

Prince Kumar @ Prince YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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