← Library
Patna High CourtCR. MISC./83798/2025bail granted

Prince Kumar v. The State Of Bihar

2026-01-05Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83798 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- BHELDI District- Saran ====================================================== Prince Kumar, Son of Ravindra Kumar Singh, R/o Village - Laguni, P.S.- Panapur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate Ms. Chetna, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner, who is in custody, seeks bail in connection with Bheldi P.S. Case No. 35 of 2025 registered for the offences punishable under Sections 308(2), 308(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant received a call and the caller disclosed himself as Saurabh Kumar and demanded Rs.5,00,000/- as extortion money, failing which the informant was threatened with dire consequences.

4. The learned counsel for the petitioner submits that the petitioner is not named in the FIR and during the course of investigation he was apprehended by the police and a

2/4 confessional statement is being shown in order to implicate the petitioner in the present case. It has been submitted that apart from the confessional statement of the petitioner, there is nothing on record to connect the petitioner with the aforesaid incident. It has been submitted that similarly situated co-accused persons, namely, Mukesh Sharma and Adarsh Kumar have been granted privilege of bail by a Co-ordinate Bench of this Hon'ble Court in Cr. Misc. No. 59469 of 2025 and Cr. Misc. No. 83687 of 2025. It has lastly been submitted that the petitioner though have two criminal cases against his name, he is in custody since 02.04.2025.

5. The learned A.P.P. has vehemently opposed the prayer for bail and has stated that the petitioner is a habitual offender and he is a part of a notorious gang.

6. Considering the aforesaid submissions made by the parties, let the petitioner, above named, 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 the learned court below where the case is pending/successor court in connection with Bheldi P.S. Case No. 35 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be

3/4 local resident.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(vi) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Saran within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for

4/4 cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned, order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed.

8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) manoj/- U T