Patna High Court
Prince Jaiwal @ Prince Kumar JaiswalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
Prince Jaiwal was arrested in connection with an offence punishable under section 309(6) of the BNS following an assault on Santosh Yadav, whose injuries were documented and a video of the incident was circulated. The prosecution’s case relied on a confessional statement by co‑accused Nitish that mentioned the petitioner, but no incriminating articles were recovered from the petitioner’s possession. The petitioner contended that he was falsely implicated, had no criminal antecedent, and had been in judicial custody since 17‑Oct‑2025, while similar co‑accused had been granted bail in related matters. The State opposed the bail application. The Court, noting the lack of material evidence, the petitioner’s clean record, and the precedent of bail to co‑accused, decided to enlarge bail. Consequently, the petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under section 309(6) of the BNS
Legislation cited
- BNS — s. 309(6)
Subjects
- bail
- regular bail
- section 309
- confessional statement
- no antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91413 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Prince Jaiwal @ Prince Kumar Jaiswal S/o Prem Kumar Jaiswal R/o Vill-
Niranjanpur, Sarimpur, P.S - Buxar industrial, District - Buxar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Mishra, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 309 (6) of
the BNS.
3. The case of the prosecution is that the informant
received a call on his mobile phone and was informed that
Santosh Yadav @ Guddu Yadav has been thrown in the field
having injuries and he is taken to District Hospital, Buxar for
treatment. The informant reached at Hospital where the Doctors
opined that Santosh is unconscious and his jaw is broken. He
was referred to Varansi for better treatment. The informant
received a video in which Santosh Yadav’s hands were tied and
the E-rickshaw as well as mobile phone and purse were missing.
Patna High Court CR. MISC. No.91413 of 2025(5) dt.26-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
FIR was lodged against unknown miscreants. During the course
of investigation co-accused Nitish has given his confessional
statement and the name of this petitioner has surfaced in the
confessional statement of Nitish. It is further submitted that
from the order passed by the learned trial Court, it transpires
that the statement of injured Santosh Yadav @ Guddu Yadav
was recorded and from the said statement, it appears that he was
only assaulted by certain persons but did not name any person.
It is further submitted that nothing incriminating articles have
been recovered from the conscious possession of these
petitioner. It is further submitted co-accused persons have been
granted bail by this Court vide Cr. Misc. Nos. 88695 of 2025
and 89254 of 2025. The case of this petitioner stands on similar
footing. Moreover, the petitioner is languishing in judicial
custody since 17.10.2025 and the petitioner is having no
criminal antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.91413 of 2025(5) dt.26-02-2026
3/3
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Buxar Muffasil P.S. Case No. 342 of
2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Buxar.
(Ashok Kumar Pandey, J)
durgesh/-
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