Prince @ Banti @ Banti Kumar @ Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4373 of 2026 Arising Out of PS. Case No.-401 Year-2025 Thana- SAHPUR District- Patna ====================================================== Prince @ Banti @ Banti Kumar @ Prince Kumar, Son of Binod Ray R/o Vill.- Dalluchak, P.S.- Khagaul, District - Patna, Bihar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravi Kant Kumar, Advocate For the State :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Shahpur P.S. Case No.401 of 2025, dated-25.09.2025, registered for the offences punishable under Sections 25(1-B)(a), 25(1-AA), 26(2), 35 of the Arms Act.
3. As per allegation, on secret information, the police raided a house where the co-accused, Awdhesh Kumar and Aman Kumar were caught along with arms and ammunition and in the confessional statement, name of the Petitioner has transpired, showing his involvement in the illegal activities.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.4373 of 2026(2) dt.04-02-2026 2/3 case. He further submits that the Petitioner has nothing to do with the alleged offence and there is no legal material against him. The only material against the Petitioner is the confessional statement of the co-accused before the police, which has no evidentiary value.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in two other cases.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Shahpur P.S. Case No.401 of 2025, subject to the
Patna High Court CR. MISC. No.4373 of 2026(2) dt.04-02-2026 3/3 conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T