Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to the conditions specified by the court.
Summary
Prince Kumar, detained in connection with an extortion case under Sections 308(2) and 308(5) of the Bharatiya Nyaya Sanhita, 2023, applied for bail. The prosecution’s case relied mainly on a confessional statement, as the petitioner’s name does not appear in the FIR and no other incriminating material was presented. The petitioner’s counsel argued that the lack of substantive evidence and the grant of bail to co‑accused in similar cases warranted his release. The State opposed, labeling the petitioner a habitual offender and a member of a notorious gang. The High Court, after considering the submissions, granted bail subject to a series of conditions including surety, personal appearance, verification of antecedents, and periodic reporting to the Superintendent of Police.
Issues considered
- Whether bail can be granted for offences under Sections 308(2) and 308(5) of the Bharatiya Nyaya Sanhita when the primary evidence is a confessional statement and the petitioner is not named in the FIR.
- Whether the petitioner’s alleged habitual offender status and alleged gang affiliation justify denial of bail.
- Whether the conditions imposed by the court are lawful and appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 308(2), 308(5)
Subjects
- bail
- extortion
- confessional statement
- habitual offender
- criminal antecedent
- Bharatiya Nyaya Sanhita
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83798 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- BHELDI District- Saran
======================================================
Prince Kumar, Son of Ravindra Kumar Singh, R/o Village - Laguni, P.S.-
Panapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
Ms. Chetna, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Bheldi P.S. Case No. 35 of 2025 registered for
the offences punishable under Sections 308(2), 308(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant received
a call and the caller disclosed himself as Saurabh Kumar and
demanded Rs.5,00,000/- as extortion money, failing which the
informant was threatened with dire consequences.
4. The learned counsel for the petitioner submits that
the petitioner is not named in the FIR and during the course of
investigation he was apprehended by the police and a
Patna High Court CR. MISC. No.83798 of 2025(2) dt.05-01-2026
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confessional statement is being shown in order to implicate the
petitioner in the present case. It has been submitted that apart
from the confessional statement of the petitioner, there is
nothing on record to connect the petitioner with the aforesaid
incident. It has been submitted that similarly situated co-accused
persons, namely, Mukesh Sharma and Adarsh Kumar have been
granted privilege of bail by a Co-ordinate Bench of this Hon’ble
Court in Cr. Misc. No. 59469 of 2025 and Cr. Misc. No. 83687
of 2025. It has lastly been submitted that the petitioner though
have two criminal cases against his name, he is in custody since
02.04.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail and has stated that the petitioner is a habitual
offender and he is a part of a notorious gang.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Bheldi P.S. Case No. 35 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
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local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
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.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned Court below shall verify
the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before
the Superintendent of Police, Saran within fifteen
days of his release with a copy of this order and
every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept
under watch in this period by the Superintendent of
Police concerned and if it is found wanting in any
respect, a report shall be made to the court
concerned by him to initiate a proceeding for
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cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the
court concerned, order shall not be delayed for
purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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