Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22453 of 2026 Arising Out of PS. Case No.-75 Year-2025 Thana- LAUHIYANAGAR District- Begusarai ====================================================== Prem Kumar son of Late Dipal Mahto Resident Of Village - Bagaha P.sLohiyanagar District -Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Purushottam Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-07-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Lohiyanagar P.S. Case No. 75 of 2025 instituted for the offence under Sections 61(2) & 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3.

Allegation against the petitioner is that he alongwith others fired upon the deceased and other person due to which informant's husband died and other persons sustained injury.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.11.2025. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.22453 of 2026(4) dt.27-07-2026 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. As per allegation in the FIR, the petitioner along with other co-accused persons have fired upon the deceased and one Prince Kumar, who received injury. Learned counsel for the petitioner submits that during of investigation, the police has recorded the statement of injured - Prince Kumar which is recorded in paragraph No. 119 of the case diary, in which he has not stated anything about the petitioner. Charge sheet has already been submitted in this case. Other co-accused on similar allegation has been granted bail by a Co-ordinate Bench of this Court vide order dated 08.07.2026, passed in Cr. Misc. No. 33929 of 2026.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.22453 of 2026(4) dt.27-07-2026 3/3 below/concerned Court in connection with Lohiyanagar P.S. Case No. 75 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T