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2026 DAILYLAW 29664 (PAT)

Prince Kumar v. The State of Bihar

CR. MISC./57489/2026 · 2026-08-19

Purnendu Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57489 of 2026 Arising Out of PS. Case No.-126 Year-2026 Thana- KORHA District- Katihar ====================================================== Prince Kumar S/o Om Prakash Paswan Residents of Village- Mahinathpur, Ward No. 01, P.S.-Korha, District- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bimal Kumar, Advocate For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 19-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State. 2. The petitioner seeks pre-arrest bail in connection with Korha P.S. Case No. 126 of 2026 registered for the offence(s) punishable under Sections 317(4), 317(5), 318(4), 336(3), 338 and 3(5) of the BNS. 3. As per the allegation made in the FIR, the accused persons named in the FIR including the petitioner were engaged in stealing the motorcycles and by tempering the registration number, engine number and other identification marks of the motorcycle, they used to sell the same. 4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Name of the petitioner has Patna High Court CR. MISC. No.57489 of 2026(2) dt.19-08-2026 2/3 surfaced in this case on the basis of confessional statement of apprehended co-accused Sonu Kumar, who is his own brother, and confessional statement made before police has no evidentiary value. Recovery of alleged stolen motorcycles were made from the joint house of the petitioner. Petitioner has denied his complicity. Petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail 5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. 6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the fact that name of the petitioner has surfaced in this case on the basis of confessional statement of apprehended co-accused Sonu Kumar, who is his own brother, and confessional statement made before police has no evidentiary value, I am of the opinion that petitioner, who has clean antecedent, has, prima facie, made out a case to be released on pre-arrest bail. 7. 7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Patna High Court CR. MISC. No.57489 of 2026(2) dt.19-08-2026 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar / Concerned Court in connection with Korha P.S. Case No. 126 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS. 8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. Sanjay/- (Purnendu Singh, J) U T