Prince Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78115 of 2025 Arising Out of PS. Case No.-224 Year-2025 Thana- KOPA District- Saran ====================================================== Prince Kumar Sah, Male, aged about 19 years, Son of Shatrudhan Sah, Resident of Village- Marha, P.S.-Manjhi District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Chetna, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kopa P.S. Case No. 224 of 2025 instituted for the offences punishable under Section 309(4) of the BNS.
3. As per the allegation in the FIR, two unknown persons took away cash amounting to Rs. 14,700/- and gold chain worth Rs. 20,000/- at the gun point from the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that petitioner is not named in the FIR and his name has been surfaced in this case only on the basis of confessional statement of co-accused Vishal Ram. He further submits that no incriminating articles has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.78115 of 2025(3) dt.19-12-2025 2/3 petitioner and the seized articles were recovered from one coaccused namely, Vishal Ram. He next submits that the seized splendor motorcycle does not belong to the petitioner and owner of the motorcycle is one Munna Ram, who is the brother-in-law of Vishal Ram. Petitioner has got clean antecedent as stated in para 3 of the petition and is in custody since 27.08.2025.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-II, Saran at Chapra dated 16.10.2025, it appears that petitioner is not named in the FIR and his name surfaced in this case only on the basis of confessional statement of co-accused Vishal Ram. From perusal of the records, it appears that only on the basis of written report of the informant namely Mantu Kumar Rai, FIR has been registered under Section 309(4) of the BNS against two unknown persons and name of the petitioner has been surfaced in this case only on the basis of confessional statement of coaccused Vishal Ram. Petitioner has got clean antecedent as stated in para 3 of the petition and is in custody since 27.08.2025. Seizure list is not on record, so considering all these aspects of the case and submission of learned counsel for the
Patna High Court CR. MISC. No.78115 of 2025(3) dt.19-12-2025 3/3 petitioner, I am inclined to grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. Case No. 224 of 2025.
(Ramesh Chand Malviya, J) Anand Kr.
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