Prince Kumar @ Prince Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19595 of 2025 Arising Out of PS. Case No.-60 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Prince Kumar @ Prince Yadav Son of Mohan Kumar Resident of VillageSimiyahi, P.S.- Sursand, Dist- Sitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party :
Mr. Ram Bilash Roy Raman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Riga P.S. Case No. 60 of 2023 registered for the offences punishable under Sections 302, 120B, 201 of the Indian Penal Code.
3. As per prosecution case, dead body of a lady was recovered from the field of Manoj Srivastava and FIR was lodged against unknown.
4. Learned counsel for the petitioner submits that petitioner is not named in FIR and his name has been surfaced in this case upon the confessional statement of co-accused Awnish Kumar. Except disclosure of co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that
Patna High Court CR. MISC. No.19595 of 2025(2) dt.30-04-2025 2/3 co-accused Awnish kumar, upon whose confessional statement the name of the petitioner has been surfaced in this case, has already been granted bail by the Co-ordinate Bench of this Court vide Cr. Misc. No. 42472 of 2023 and the case of present petitioner stands on better footing as the name of the petitioner has been surfaced in this case upon the confessional statement of the said co-accused. He further submits that petitioner is quite innocent and has committed no offence as alleged in the FIR. He further submits that merely on the basis of suspicion, petitioner has falsely been implicated in the present case. Petitioner is in custody since 21.01.2025 and bears no criminal antecedent. Learned counsel orally submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, co-accused has already been granted bail by the Coordinate Bench of this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released
Patna High Court CR. MISC. No.19595 of 2025(2) dt.30-04-2025 3/3 on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Sitamarhi in connection with Riga P.S. Case No. 60 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.
(Alok Kumar Pandey, J) alok/- U T