Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 27
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
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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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