Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9276 of 2025 Arising Out of PS. Case No.-937 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Prince Kumar Son of Sushil Yadav @ Sunil Yadav @ Susil Yadav Resident of Village - Shahpur, P.S. - Saharsa, District - Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Saharsa Sadar PS Case No.937 of 2024 dated 06.09.2024, instituted under Sections 191(2), 191(3), 190, 115(2), 126(2), 109 and 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case in short is that on 06-09-2024 while the informant was working at Anwar Chicken shop in Kachehay chowk, it is alleged that Sanoj Yadav, Prince Kumar (petitioner), Nitish Kumar, Nepali, and 6-7 others persons demanded chicken at a lower price. When the informant refused, they left, but returned after ten minutes and assaulted the informant. It is further alleged that co-accused, Prince Kumar,

2/4 brandished a weapon and co-accused, Sanoj Yadav shot him, causing injury to his little finger. When the informant tried to escape, they made firing and assaulting him near Sony Medical, even using a chair. Locals intervened and assailants fled while firing. He lost consciousness and was admitted to Saharsa Sadar Hospital for treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the main allegation of firing is specifically attributed to co-accused Sanoj Yadav, who allegedly fired at the informant, while no such allegation of firing has been made against the petitioner. It is further submitted that there is no arms or ammunition have been recovered from the possession or house of the petitioner. It is next submitted that only one fired cartridge was seized from the place of occurrence, which has been attributed to co-accused, Sanoj Yadav. Moreover, the matter has already been amicably settled between the parties outside the court and a petition seeking permission for compromise has been filed by the informant before the court concerned on 09-01-2025 Lastly, it is submitted that one criminal case is pending against him.

5. Learned APP has opposed the prayer for bail.

3/4

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Saharsa, in Saharsa Sadar PS Case No.

4/4 of bail.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T