IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89966 of 2025 Arising Out of PS. Case No.-208 Year-2025 Thana- UJIYARPUR District- Samastipur ====================================================== Prem Kumar S/o Srikant Kunwar R/o Village- Maniappa, PS- Matihaani, Distt- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Neeraj Kumar @ Sanidh, Adv. Mr. Mukund Kumar, Adv. For the Opposite Party/s : Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 4 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Ujjiyarpur P.S. Case No. 208 of 2025, registered for the offences under Sections 103(1), 61(2), 3(5) of the BNS and Section 27 of the Arms Act. 3. As per the prosecution case, son of the informant was shot dead and the informant named a number of coaccused persons for being involved in committing murder of her son. The name of the petitioner transpired during investigation for also being involved in this occurrence. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has Patna High Court CR. MISC. No.89966 of 2025(4) dt.24-02-2026 2/3 been falsely implicated in this case. The name of the petitioner came up in this Case during investigation in the confessional statement of coaccused Gautam Kumar and Murari Kumar. However, further the confessional statement of the petitioner was also recorded but the said statement is exculpatory. Learned counsel further submits that whatever recovery has been made it has been made at the instance of Gautam Kumar and Murari Kumar. Except for confessional statement, there is no other material to show complicity of the petitioner in the whole occurrence. Learned counsel also submits that FIR named coaccused persons Keshav Mishra and Prince Kumar have been granted bail by the learned trial court. Two other coaccused persons have been given benefit of Section 35 of the BNS. The petitioner is having antecedent of two cases and he is on bail in both the cases. He is in custody since 24.08.2025 and charge sheet has been submitted. 5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of material collected against the petitioner and also considering the fact that he was not apprehended from the spot Patna High Court CR. MISC. No.89966 of 2025(4) dt.24-02-2026 3/3 and no recovery has been shown at his instance and further considering submission of charge sheet and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned SDJM, Dalsinghsarai, Samastitpur/concerned court, in connection with Ujjiyarpur P.S. Case No. 208 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three 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. Anuradha/- (Arun Kumar Jha, J) U T