Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing the execution of a bail bond of Rs.10,000 with two sureties.
Summary
Prince Kumar was arrested in connection with a case of attempted extortion using a pistol, where two cartridges were allegedly recovered from his possession. He was charged under sections 308(4), 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner claimed false implication and applied for regular bail after being in custody since 18 September 2025 and after the charge‑sheet was filed. The court examined the allegations, the nature of the offences, and the petitioner’s prolonged detention. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Begusarai.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under the Bhartiya Nyay Sanhita and the Arms Act
- Whether the petitioner’s prolonged custody without trial justifies bail
- Whether the petitioner was falsely implicated in the alleged extortion attempt
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nyay Sanhita, 2023 — s. 308(4), 3(5), 351(2)
Subjects
- regular bail
- extortion
- arms possession
- criminal procedure
- Bhartiya Nyay Sanhita
- Arms Act
- custody
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6349 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Prince Kumar S/O Randhir Singh R/O Village- Aadharpur, Ward No.- 11, P.s-
Teghara, District- Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Teghra P.S. Case no. 301
of 2025 registered under sections 308(4), 351(2) and 3(5) of the
Bhartiya Nyay Sanhita, 2023 and sections 25 (1-B)(a), 26 and
35 of the Arms Act.
3. As per the prosecution case, two accused persons
including the petitioner herein, on the point of pistol made an
attempt to extort money from the informant and his friend,
however, in the scuffle which ensued, the accused was caught.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Even as per
the allegations in the FIR, two cartridges are said to have been
recovered from the possession of this petitioner who is in
Patna High Court CR. MISC. No.6349 of 2026(2) dt.04-02-2026
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custody since 18.9.2025 and charge sheet has been submitted in
the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R., the petitioner being in custody since 18.9.2025 and
chargesheet having been submitted in the case, the Court directs the
petitioner to be enlarged on bail in connection with Teghra P.S. Case
no. 301 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Begusarai.
(Partha Sarthy, J)
Bibhash/-
U T
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