Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27725 of 2025 Arising Out of PS. Case No.-24 Year-2024 Thana- JEHANABAD RAIL P.S. District- Patna ====================================================== Prince Kumar S/o Surendra Sharma R/o village- Saguni, PS- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner, learned APP for the State.

2.

The petitioner seeks bail in connection with G.R.P. Jehanabad (Taregana) P.S. Case No. 24 of 2024, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The prosecution case, in short, is that, father of the informant was shot by some unknown miscreants in train. The miscreants escaped by jumping off from the slowly moving train. Despite efforts to get medical help, his father was declared dead at the hospital.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.27725 of 2025(2) dt.29-04-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case in course of investigation. Learned counsel for the petitioner mainly submits that petitioner was not present at the place of occurrence, which fact is explicit from the fact that the tower location of the mobile of the petitioner was found at Patna at the time of incidence. The petitioner is in custody since 22.08.2024 and has got two criminal antecedents. Similarly situated co-accused person has been enlarged on bail by this Court vide order dated 08-042025, passed in Cr. Misc. No. 1300 of 2025. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

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

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.27725 of 2025(2) dt.29-04-2025 3/3 below/concerned Court in connection with G.R.P. Jehanabad (Taregana) P.S. Case No. 24 of 2024.

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