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Patna High Court

Prem KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of substantive material linking the petitioner to the crime and considering his prolonged custody, bail was granted subject to statutory conditions.

Summary

Prem Kumar was arrested in connection with a murder case (Ujjiyarpur PS Case No. 208 of 2025) involving offences under Sections 103(1), 61(2), 3(5) of the Bihar Non‑Accidental Death Act and Section 27 of the Arms Act. The prosecution’s case relied mainly on the confessional statements of co‑accused Gautam Kumar and Murari Kumar, which named the petitioner, while the petitioner’s own recorded statement was exculpatory and no other material linked him to the crime. The petitioner, already on bail in two other cases, had been in custody since 24‑08‑2025 and argued that he was falsely implicated. The State opposed bail, but the court noted the lack of substantive evidence, the fact that the petitioner was not apprehended at the scene, and the length of his custody. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail under Section 480(3) of the BNSS given the nature of the offences and the material evidence against him

Legislation cited

Subjects

  • bail
  • murder
  • confessional statement
  • Arms Act
  • Section 480(3)
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89966 of 2025
                    Arising Out of PS. Case No.-208 Year-2025 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Prem Kumar S/o Srikant Kunwar R/o Village- Maniappa, PS- Matihaani,
                 Distt- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Neeraj Kumar @ Sanidh, Adv.
                                                  Mr. Mukund Kumar, Adv.
                 For the Opposite Party/s :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. In the present case, the petitioner seeks bail in

                   connection with Ujjiyarpur P.S. Case No. 208 of 2025,

                   registered for the offences under Sections 103(1), 61(2), 3(5) of

                   the BNS and Section 27 of the Arms Act.

                                 3. As per the prosecution case, son of the informant

                   was shot dead and the informant named a number of coaccused

                   persons for being involved in committing murder of her son.

                   The name of the petitioner transpired during investigation for

                   also being involved in this occurrence.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and he has
Patna High Court CR. MISC. No.89966 of 2025(4) dt.24-02-2026
                                            2/3




          been falsely implicated in this case. The name of the petitioner

          came up in this Case during investigation in the confessional

          statement of coaccused Gautam Kumar and Murari Kumar.

          However, further the confessional statement of the petitioner

          was also recorded but the said statement is exculpatory. Learned

          counsel further submits that whatever recovery has been made it

          has been made at the instance of Gautam Kumar and Murari

          Kumar. Except for confessional statement, there is no other

          material to show complicity of the petitioner in the whole

          occurrence. Learned counsel also submits that FIR named

          coaccused persons Keshav Mishra and Prince Kumar have been

          granted bail by the learned trial court. Two other coaccused

          persons have been given benefit of Section 35 of the BNS. The

          petitioner is having antecedent of two cases and he is on bail in

          both the cases. He is in custody since 24.08.2025 and charge

          sheet has been submitted.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          nature of material collected against the petitioner and also

          considering the fact that he was not apprehended from the spot
             Patna High Court CR. MISC. No.89966 of 2025(4) dt.24-02-2026
                                                         3/3




                       and no recovery has been shown at his instance and further

                       considering submission of charge sheet and period of custody,

                       the petitioner is directed to be released on bail, on furnishing

                       bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each

                       with two sureties of the like amount each to the satisfaction of

                       learned SDJM, Dalsinghsarai, Samastitpur/concerned court, in

                       connection with Ujjiyarpur P.S. Case No. 208 of 2025, subject

                       to the condition laid down under Section 480(3) of the BNSS

                       and other following conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               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.


                                                 (Arun Kumar Jha, J)
Anuradha/-
U     T


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