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Patna High Court

Prince Kumar @ Ritik KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Prince Kumar, sought bail in a criminal case where he was implicated only by a re‑statement of an informant, not named in the FIR, for offences under sections 103(1), 118(2), 61(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita. The prosecution alleged that the informant’s husband was murdered and that the petitioner might be involved, but no material evidence beyond suspicion was presented. The petitioner asserted a clean antecedent and argued that mere suspicion does not justify denial of bail. Both the State and the informant opposed bail. The Court, after considering the lack of substantive evidence and the petitioner’s clean record, ordered bail on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail can be granted when the petitioner is implicated only by suspicion and not named in the FIR.
  • Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permit bail in such circumstances.

Legislation cited

Subjects

  • bail
  • suspicion
  • FIR
  • re‑statement
  • Section 482
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88885 of 2025
                     Arising Out of PS. Case No.-133 Year-2025 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Prince Kumar @ Ritik Kumar S/o Ramashish Singh @ Doman Singh
                 Resident of Village- Barauni-I, P.S.- Teghra, District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bambam Kumar , Advocate
                 For the Opposite Party/s :       Mr. Harendra Prasad , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                        Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 103 (1) , 118 ( 2 ), 61

                   ( 2 ) and 3 (5) of BNS.

                                3 . The prosecution case in brief, is that informant

                   namely Rani devi alleged that on 09.05.2025 , the husband of

                   informant went to camp but did not return . On the next

                   morning, informant came to know that the dead body of her

                   husband was lying near bank of river and when she went on the

                   spot, she found that there were several injuries on the body of

                   deceased. Informant suspects that this                 accused persons in

                   connivance with each other, got her husband killed due to old

                   enmity .
            Patna High Court CR. MISC. No.88885 of 2025(2) dt.10-02-2026
                                                        2/2




                                     4. It is submitted on behalf of the petitioner that

                      petitioner is not named in the F.I.R. The name of the petitioner

                      transpired in this case in the re–statement of the informant.

                      Moreover, only suspicion has been raised against this petitioner.

                      Save and except suspicion , there is no other material on record

                      to show the complicity of this petitioner in the alleged

                      occurrence . Petitioner claims clean antecedent.

                                   5 . Learned counsel for the State as well as informant

                      opposed the bail petition .

                                    6 Considering the aforesaid facts, materials available

                      on record and other circumstances of the case , in the event of

                      arrest or surrender within eight weeks from today, let the

                      petitioner, as named above, be enlarged 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 Chief Judicial

                      Magistrate Begusarai in connection with Teghra P.S. Case No.

                      133 of 2025 , subject to the conditions laid down under section

                      482(2) of the      Bharatiya Nagarik Suraksha Sanhita , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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