Patna High Court
Prince Kumar @ Prince Yadav @ PullaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that there is no prima facie case against the petitioners and granted them bail.
Summary
The petitioners Prince Kumar and Gaurav Kumar were arrested in connection with a case registered under Sections 103, 61(2) and 3(5) of the BNS for an alleged firing incident. They were not named in the FIR and have been in custody since 16 July 2025. The prosecution’s case against them is based solely on a confessional statement of a co‑accused, with no material linking them to the crime, and the eyewitness mother identified other persons as the shooters. The co‑accused who made the statement had already been granted bail, and the investigation was completed with a charge‑sheet filed. The learned APP opposed bail, but the Court held that there was no prima‑facie case against the petitioners and that their continued detention was unjustified. Accordingly, the Court ordered bail on a bond of Rs 10,000 with two sureties, subject to Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners charged under Sections 103, 61(2) and 3(5) of the BNS despite the allegations.
- Whether there exists prima facie evidence linking the petitioners to the alleged firing.
Legislation cited
Subjects
- bail
- criminal procedure
- BNS
- BNSS
- prima facie
- charge sheet
- custody
- investigation
- Section 480(3)
- Sections 103
- Section 61(2)
- Section 3(5)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74054 of 2025
Arising Out of PS. Case No.-258 Year-2024 Thana- MUNGER MUFFASIL District- Munger
======================================================
1. Prince Kumar @ Prince Yadav @ Pulla S/o Shrawan Yadav R/o Village-
Sandalpur, PS- Kasim Bazar, District- Munger
2. Gaurav Kumar @ Gabbar Kumar S/o Sunil Kumar Yadav R/o vill -
Sandalpur, Mangra Pokhar, P.S.- Muffasil, Distt.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhukar Anand
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The petitioners seeks bail in connection with
Muffasil (Munger) P.S. Case No. 258 of 2024 registered for
the offence under Sections 103, 61(2), 3(5) of BNS.
3. The petitioner are not named in the F.I.R. and
they are in custody since 16.07.2025.
4. As per FIR, when son of the informant and driver
stopped the car for picking her up, named co-accused persons
Prince Kumar s/o late Lalan Singh and Shyam Poddar took out
their pistol and fired at her son and driver who died at the
stop. Allegation to assign liner is available against Ajay
Patna High Court CR. MISC. No.74054 of 2025(2) dt.06-02-2026
2/3
Poddar. Ranju Devi and Rahul Kumar.
5. Learned counsel appearing on behalf of the
petitioners submitted that the name of these petitioners
transpired on the basis of confessional statement of co-
accused namely Fantush Yadav @ Sonu, in furtherance of
which no incriminating material recovered during investigation
as to connect petitioners prima-facie with present crime in
question. It is submitted that co-accused namely, Sonu
Kumar @ Fantush Yadav @ Fantush Kumar already granted
bail by one of the learned co-ordinate Bench of this Court
through Cr. Misc. No. 87703 of 2024 vide order dated
08.01.2025. It is submitted that the informant being mother
is the eye witness of the occurrence where the specific
allegation of firing is available against Pawan Mandal, Prince
Kumar s/o late Lalan Singh and Shyam Poddar and not
against these petitioners. While concluding the argument, it is
submitted that petitioner no. 1 is a man of clean antecedent
and petitioner no. 2 found involved in two more criminal cases
where he is on bail and moreover, investigation of this case is
completed, for which charge-sheet has been submitted, as
Patna High Court CR. MISC. No.74054 of 2025(2) dt.06-02-2026
3/3
such, there is no chance of tampering with the evidence.
6. Learned APP, opposed the prayer of bail.
7. In view of aforesaid factual and legal submission
and by taking note of fact as prima-facie allegation of firing
not appears available against these petitioners, coupled with
fact that investigation of this case already concluded where
petitioners remains in custody since 16.07.2025, accordingly
both above named petitioners, are directed to be released on
bail in connection with Muffasil (Munger) P.S. Case No. 258 of
2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of learned ACJM II, Munger /concerned court,
subject to the conditions as mentioned under Section 480(3)
of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…