Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14045 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- BIRUPUR District- Lakhisarai ====================================================== Prince Kumar, Son of Pawan Kumar @ Pawan Singh, r/o village- Tal Sharma, P.S.- Birupur, Dist- Lakhisarai, Bihar.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Devendra Prasad Singh, Advocate.
Mr. Anand Raj, Advocate.
For the State :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Birupur P.S. Case No. 03 of 2025, dated 13.01.2025, registered for the offences punishable under Sections 111, 310(4), 310(5) of B.N.S. 2023 and Sections 25(1b)(a), 26 and 35 of the Arms Act.
3. As per allegation, the Police got information that some anti social elements have assembled at the house of the petitioner and when the Police reached his house, 4-5 persons including the petitioner started fleeing away and they were successful. After search in the bush near the house of the petitioner, nine live cartridges were recovered.
Patna High Court CR. MISC. No.14045 of 2025(2) dt.28-03-2025 2/3
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the whole case is based against the petitioner only on the basis of suspicion, though he has five criminal antecedents, but he is on bail in all the five previous cases.
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. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
7. 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 Chief Judicial Magistrate, Lakhisarai, in connection with Birupur P.S. Case No. 03 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
Patna High Court CR. MISC. No.14045 of 2025(2) dt.28-03-2025 3/3 (i) That if any fresh criminal case is lodged by the Police against the petitioner, his bail bound would be cancelled, (ii) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, 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.
(iii) 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) S.Ali/- U T