Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16382 of 2026 Arising Out of PS. Case No.-19 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== Prince Kumar Son of Shambhu Yadav R/o Village - Bhagwanpur, P.S. - Baijnathpur, Dist. - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate Mr. Binod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2026 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.08.2025 in connection with Madhepura (Ghailarh O.P.) P.S. Case No. 19 of 2025, F.I.R. dated 06.01.2025 for the offences punishable under Section 309(4) of the BNS, 2023.

3. According to prosecution case, while informant was returning his home, three miscreants intercepted him and looted his bag containing Rs. 66,010/- cash and fired in the air and fled away.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the FIR and his

Patna High Court CR. MISC. No.16382 of 2026(3) dt.03-04-2026 2/3 name has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Bihari Kumar @ Bihari Yadav. He further submits that nothing has been recovered from the conscious possession or the house of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that the petitoiner has been remanded in the present case from Madhepura (Ghailarh O.P.) P.S. Case No. 1236 of 2024 on 22.08.2025. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 22.08.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedents other than the present one but fairly submits that in one case final form has been submitted in favour of the petitioner, in one case he is on bail and one case is pending for consideration before the competent court of law.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-

Patna High Court CR. MISC. No.16382 of 2026(3) dt.03-04-2026 3/3 Divisional Judicial Magistrate, Madhepura in connection with Madhepura (Ghailarh O.P.) P.S. Case No. 19 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T