Patna High Court
Prince Kumar @ Prince SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
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
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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
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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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