Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31572 of 2026 Arising Out of PS. Case No.-105 Year-2026 Thana- MAHUA District- Vaishali ====================================================== Prince Kumar S/o Ramswaroop Rai R/o Village - Dullarpur, P. S - Goraul, (Kathara, O.P) District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Mahua P.S. Case No. 105 of 2026 instituted for the offences under Sections 310(2), 317(3), 317(2) of the Indian Penal Code and Sections 25(1-b)a, 26, 35, 37 of the Arms Act.

3. Prosecution case, in short, is that the petitioner, along with other accused persons, allegedly committed dacoity at the informant's house, where three accused were apprehended on the spot with firearms, looted articles, and burglary tools, while three others escaped.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.31572 of 2026(4) dt.22-07-2026 2/3 incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the allegedly recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.02.2026 and has four criminal antecedents. The co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 30.06.2026 passed in Cr. Misc. No. 40780 of 2026.

5. Learned A.P.P. 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 as also 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, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahua P.S. Case No. 105 of 2026, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or a close family member.

Patna High Court CR. MISC. No.31572 of 2026(4) dt.22-07-2026 3/3 (II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T