Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46950 of 2026 Arising Out of PS. Case No.-148 Year-2026 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Prem Kumar Son of Muridhar Ram Resident of Mohalla- Bypass, Bijali Office, Sheikhpura, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laheri P.S. Case No. 148 of 2026 instituted for the offences under Sections 309(5) of the Bharatiya Nyaya Sanhita and 25(1-b)a, 26 of the Arms Act.

3. Prosecution case, in short, is that while the informant was travelling on a scooty carrying a bag belonging to a jewellery shop, three unknown persons on a motorcycle allegedly intercepted him at gunpoint and attempted to snatch the bag, but failed in their attempt and fled away from the spot abandoning a country-made pistol, a live cartridge, and their motorcycle, which were subsequently seized by the police.

Patna High Court CR. MISC. No.46950 of 2026(2) dt.21-07-2026 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation as he happens to be the owner of the motorcycle which was seized by the police. Learned counsel further submitted that petitioner was not present on the spot and, as a matter of fact, he has given his motorcycle to his friends for some urgent work. He further submitted that the recovered arms and ammunitions does not belong to the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.04.2026 and has one criminal antecedent.

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 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 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 Laheri P.S. Case No.

Patna High Court CR. MISC. No.46950 of 2026(2) dt.21-07-2026 3/3 148 of 2026, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or a close family member.

(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