Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding no sufficient material to justify continued detention.
Summary
Prince Kumar was arrested in connection with a case involving alleged possession of illegal arms and related offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution’s case relied on a secret tip about a criminal gathering and the recovery of a pistol, cartridges, a mobile phone and motorcycles from a co‑accused, but no arms were found in Prince Kumar’s possession. The petitioner argued that he was falsely implicated, that the only link to him was a confessional statement of the co‑accused which lacks evidentiary value, and that he has three prior bail cases. The State opposed bail. Considering the lack of incriminating material against the petitioner, the period of custody already served, and the precedent of bail granted to another co‑accused, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a cash bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether a confessional statement of a co‑accused can constitute sufficient basis to deny bail to the petitioner.
- Whether the absence of any arms recovered from the petitioner’s possession justifies granting bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 132, 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- confessional statement
- co‑accused
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5722 of 2026
Arising Out of PS. Case No.-399 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
Prince Kumar Son of Shambhu Yadav @ Shambhu Kumar yadav Resident Of
Village- Pirnagra, P.s-. Beldauur District -Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Beldaur P.S. Case No. 399 of 2024, instituted for the offences
punishable under Sections 132, 109, 3(5) of the Bharatiya
Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26, 27 and
35 of the Arms Act.
3. The prosecution case, in short, is that the police got
secret information about gathering of criminals and arrested co-
accused, Nirmal Kumar. It is further alleged that a country made
pistol, vindoliya along with 12 live cartridges, mobile phone and
three motorcycles have been recovered from the possession of
co-accused person.
Patna High Court CR. MISC. No.5722 of 2026(2) dt.29-01-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner was not arrested on
spot. Name of the petitioner has transpired on the basis of
confessional statement of co-accused person and the same has
got no evidentiary value. It is next submitted that no any arms
have been recovered from the possession of the petitioner and
the recovered motorcycle does not belong to the petitioner. The
petitioner is in custody since 11.03.2025 and has got three
criminal antecedents in which he is on bail. Learned counsel for
the petitioner further submits that other co-accused has been
granted regular bail by this Court vide order dated 04.09.2025
passed in Cr. Misc. No. 61425 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.5722 of 2026(2) dt.29-01-2026
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bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Beldaur P.S. Case
No. 399 of 2024.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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