Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28303 of 2026 Arising Out of PS. Case No.-871 Year-2025 Thana- HILSA District- Nalanda ====================================================== Prince Kumar S/o- Pappu Prasad Village- Bihari Road, Mahadev Sthan, Hilsa, P.S.- Hilsa, District- Nalanda ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bishwa Bijay Kumar, Advocate For the Opposite Party :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out of Hilsa P.S. Case No. 871 of 2025, registered for the offence punishable under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 109(1) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the allegation, the petitioner and other named co-accused and four un-named co-accused persons surrounded the vehicle of the informant. Allegedly, co-accused Pappu Kumar ordered to kill them, upon which son of the informant, namely, Suraj Kumar @ Upendera Kumar, was caught hold by all the accused persons. It is further alleged that Roshan Kumar, Pappu Kumar and Mukesh Kumar were armed with pistol and others were armed with rods. Co-accused Pappu
Patna High Court CR. MISC. No.28303 of 2026(3) dt.13-05-2026 2/3 Kumar fired with his pistol, which hit on the right leg of Suraj Kumar @ Upendra Kumar, while co-accused Mukesh Kumar, with an intention to kill, fired at Dhananjay Kumar, which hit on his hand, whereafter, all the accused persons with an intention to kill assaulted Roshan Kumar @ Upendra Kumar, causing injuries to him.
4. Learned counsel for the petitioner has submitted that except that the petitioner was the member of the mob, there is no allegation of overt act against the petitioner and the allegation of assault by firearms is specific upon co-accused Pappu Kumar and Mukesh Kumar. It has further been submitted that the petitioner is a student and is preparing for competitive examination and if he is sent to jail, his whole life would jeopardize.
5. Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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
Patna High Court CR. MISC. No.28303 of 2026(3) dt.13-05-2026 3/3 the learned ACJM-1st, Hilsa (Nalanda), in connection with Hilsa P.S. Case No. 871 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J) Pawan/- U T