Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15385 of 2025 Arising Out of PS. Case No.-302 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Ravi Sah Son of Anawat Sah village- Chhap, Ps- Mirganj, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23645 of 2025 Arising Out of PS. Case No.-302 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Prince Kumar Son of Late Ashok Prasad village- Narainiya, Ps- Mirganj, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 15385 of 2025) For the Petitioner/s :
Mr. Sushil Kumar, Adv For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP (In CRIMINAL MISCELLANEOUS No. 23645 of 2025) For the Petitioner/s :
Mr. Dewendra Narayan Singh, Adv For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2025 CRIMINAL MISCELLANEOUS No.15385 of 2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Mirganj P.S. Case No. 302 of 2023 registered for the offences under Sections 302, 120(b) and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The petitioner is not named in the F.I.R. and is in
2/5 custody since 09.10.2023.
4. As per FIR some unknown miscreants committed murder of the son of the informant while he was on round of nearby villages to sell jewellery.
5. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner transpired in the present case during the course of investigation on the basis of suspicion, for information provided by police spy. Subsequently one Lakhan Singh was arrested in connection with Mirganj P.S. Case No. 303 of 2023, where he confessed qua involvement of this petitioner, where after this petitioner was also apprehended and also confessed his involvement in the crime in question. It is submitted that save and except suspicion and confessional statement of co-accused nothing incriminating appears against this petitioner, as to connect him with the present crime in question. While concluding the argument it is submitted that investigation has already been completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State,
3/5 opposes the prayer for bail.
7. In view of aforesaid factual submissions and by taking note of fact as prima-facie save and except suspicion arising out of confessional statement of co-accused nothing incriminating appears against this petitioner, so as to connect him with the present crime in question, coupled with the fact as petitioner remains in custody since 09.10.2023, accordingly above named petitioner, is directed to be released on bail in connection with Mirganj P.S. Case No. 302 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-XII, Gopalganj/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. CRIMINAL MISCELLANEOUS No. 23645 of 2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Mirganj P.S. Case No. 302 of 2023 registered for the offences under Sections 302, 120(b) and 34 of the Indian Penal Code
4/5 and Section 27 of the Arms Act.
3. The petitioner is not named in the F.I.R. and is in custody since 09.10.2023.
4. As per FIR some unknown miscreants committed murder of the son of the informant while he was going to nearby village to sell jewellery.
5. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner transpired in the present case during the course of investigation on the basis of suspicion against input provided by police spy. Subsequently one Lakhan Singh was arrested in connection with Mirganj P.S. Case No. 303 of 2023, where he confessed qua involvement of this petitioner, where after this petitioner was also apprehended and also confessed his involvement in the crime in question. It is submitted that save and except suspicion and confessional statement of co-accused nothing incriminating appears against this petitioner, as to connect him with the present crime in question and if confession be taken into consideration maximum allegation against this petitioner is working as liner. While concluding the argument
5/5 it is submitted that investigation has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of aforesaid factual submissions and by taking note of fact as prima-facie save and except suspicion arising out of confessional statement of co-accused nothing incriminating appears against this petitioner, so as to connect him with the present crime in question, coupled with the fact as petitioner remains in custody since 09.10.2023, accordingly above named petitioner, is directed to be released on bail in connection with Mirganj P.S. Case No. 302 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XII, Gopalganj/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T