Patna High Court
Prince Kumar @ Ritik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 103, 118, 3, 482, 61
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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