Patna High Court
Prince Kumar Singh @ Prince SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail subject to the conditions imposed under Section 480(3) of the BNSS.
Summary
Prince Kumar Singh was arrested in connection with a case alleging assault and robbery of an informant who allegedly opposed a snatching of cash and a gold ring. The petitioner claimed he was falsely implicated due to a land dispute and that the informant filed the case to prevent him from testifying in a separate murder investigation involving his relatives. The prosecution argued that the petitioner assaulted the informant with the butt of a pistol, causing injury, and that the offences were serious. The court considered the nature of the allegations, the petitioner’s custody period, the submission of the charge sheet, and the lack of intent to cause death. Weighing these factors, the court ordered the petitioner’s release on bail with specified conditions under Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under Sections 115(2), 126(1), 303(2), 109(1), 351(1) and 3(5) of the BNS.
- Whether the allegations constitute a false implication warranting bail.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable.
Legislation cited
Subjects
- bail
- false implication
- assault
- robbery
- Section 480(3)
- Criminal Procedure
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77398 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- JIRADEI District- Siwan
======================================================
Prince Kumar Singh @ Prince Singh S/O Vidya Singh @ Vidya Sagar Singh
Resident of Vill- Mukundpur, P.S- Ziradeyi, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Kumari Anupam, Adv.
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Ziradeyi P.S. Case No. 16 of 2025, registered
for the offences under Sections 115(2), 126(1), 303(2), 109(1),
351(1), 3(5) of the BNS.
3. As per the prosecution case, petitioner and other co-
accused persons assaulted the informant when he opposed their
act of snatching Rs.2,300/- cash and a gold ring from the
informant.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in this case and there is land dispute between the parties who are
agnates. Prior to lodging of the present case, the petitioner side
has lodged Ziradeyi P.S. Case No. 15 of 2025. The FIR has been
lodged after a delay of 11 days for which there is no proper
explanation. The true fact of the case is that the uncle of the
Patna High Court CR. MISC. No.77398 of 2025(4) dt.07-01-2026
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petitioner was murdered by his agnates Lal Babu Singh and his
family members for which Ziradeyi P.S. Case No. 82 of 2020
was lodged and petitioner is one of the witnesses in the said
case. The informant has filed this fabricated case only to keep
away the petitioner to adduce his evidence in Ziradeyi P.S. Case
No. 82 of 2020. Moreover only allegation against the petitioner
is that he assaulted the informant on his head by means of butt
of a pistol and there was no intention to cause death. The
petitioner is in custody since 12.09.2025 and charge sheet has
been submitted. The petitioner is having one antecedent and the
said case has also been lodged by one of the family members of
the informant and petitioner is on bail in the said case.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner. Learned APP
submits that the allegation against the petitioner and another is
of snatching cash and gold ring from the informant on gun point
and this petitioner hit him on his head with the butt of the pistol
causing its fracture.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
general and omnibus nature of allegation against the petitioner
and also considering his period of custody and submission of
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charge sheet, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned JMFC, Siwan/concerned court, in
connection with Ziradeyi P.S. Case No. 16 of 2025, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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