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Patna High Court

Prince Kumar @ Prince SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.15,000, two sureties, and conditions of appearance.

Summary

Prince Kumar was arrested in connection with a robbery alleged to have occurred on 26 October 2025 and charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that four unidentified assailants on motorcycles robbed an informant of jewellery and a mobile phone. The petitioner contended that he was falsely implicated, is not named in the FIR, no incriminating material or looted articles have been recovered from him, and no T.I. parade was conducted. Despite having five prior criminal antecedents, the petitioner sought bail, noting that a co‑accused had already been granted bail in a related order. The court, after considering the parity with the co‑accused and the period of custody already served, granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding surety and appearance.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 309
  • Bharatiya Nyaya Sanhita
  • robbery
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88370 of 2025
                      Arising Out of PS. Case No.-204 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Prince Kumar @ Prince Singh Son of Satendra Singh Resident of Mohalla-
                 Brahmarshi Nagar, Karman Tola, P.S.- Ara Nawada, District- Bhojpur,
                 Permanent Address Village- Nadhi, P.S.- Sahar, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Koilwar P.S. Case No. 204 of 2025, instituted for the offences

                   punishable under Section 309(4) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The prosecution case, in short, is that while the

                   informant was returning from jewellery shop, in the meantime,

                   four unknown miscreants on two motorcycles intercepted the

                   informant and on the point of pistol looted the jewellery and

                   mobile phone of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.88370 of 2025(2) dt.12-01-2026
                                            2/3




          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 is not named in the

          FIR. Name of the petitioner has transpired in this case in course

          of investigation. It is further submitted that neither any recovery

          of looted article has been made from the possession of the

          petitioner nor any T.I. parade has been conducted in this case.

          The petitioner is in custody since 26.10.2025 and has got five

          criminal antecedents. The co-accused person has already been

          granted bail by this Court vide order dated 16.12.2025 passed in

          Cr. Misc. No. 81667 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, claim based on parity 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, after framing

          of charge, if not already framed, on furnishing 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 Koilwar P.S. Case No. 204 of 2025,
           Patna High Court CR. MISC. No.88370 of 2025(2) dt.12-01-2026
                                                       3/3




                     subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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