Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24228 of 2026 Arising Out of PS. Case No.-550 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Prince Kumar S/O Rajesh Prasad Yadav R/O Village- Maroofganj, Patthar Ghat, P.S- Malsalami, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Choudhary, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-07-2026 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Malsalami P.S. Case No.550 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118, 122, 109(1), 352, 351(3), 3(5) of the BNS and Section 25(1-b)a, 26 and 27/35 of the Arms Act.
3. As per the prosecution case, it is alleged that all the FIR-named accused persons, including the petitioner variously armed, surrounded the informant and co-accused Prahlad Kumar fired at the informant, causing a bullet injury below his chest. The informant was immediately taken to the hospital for treatment, and upon regaining consciousness, the present FIR came to be instituted.
Patna High Court CR. MISC. No.24228 of 2026(3) dt.15-07-2026 2/3
4. Learned Advocate for the petitioner, taking this Court through the contents of the FIR, submitted that admittedly the person who shot fire is co-accused Prahlad Kumar. So far as the present petitioner is concerned, the only allegation against him is that he was present at the place of occurrence along with the other accused persons. No overt act whatsoever has been attributed to him. It is contended that merely on account of his alleged presence with the other co-accused, he has been implicated in the present case. It is further submitted that the petitioner is a young boy of tender age having fair antecedent, and keeping him behind the bar would seriously jeopardize his future prospects. The petitioner undertakes that he will fully cooperate in the proceedings of the Court.
5. Learned APP for the State vehemently opposed the prayer for bail and submitted that the complicity of the petitioner cannot be ruled out, as he was also a member of the unlawful assembly which allegedly assaulted the informant, resulting in grievous injuries.
6. Having regard to the submissions advanced on behalf of the respective parties and considering the nature of the accusation, particularly the fact that no overt act has been attributed to the petitioner, coupled with his fair antecedent, let
Patna High Court CR. MISC. No.24228 of 2026(3) dt.15-07-2026 3/3 the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, City Court, Patna in connection with Malsalami P.S. Case No.550 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T