Prince Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Prince Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both petitioners released on bail in Shivajinagar P.S. Case No. 32 of 2026 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Rosera at Samastipur/concerned Court below, subject to conditions that (i) one bailor be their own blood relative (preferably father, mother or immediate family member), and (ii) the petitioners cooperate in the investigation, if not concluded, and remain physically present in Court during trial.

Issue for consideration

Whether petitioners Prince Kumar and Indrajeet Kumar, arraigned in Shivajinagar P.S. Case No. 32 of 2026 (Samastipur) under Sections 287, 317(2), 317(4), 317(5) and 3(5) of the B.N.S., 2023 over alleged storage/black-marketing of petroleum, are entitled to be released on bail.

Court's answer

Taking into consideration the facts and circumstances, and specifically that the recovery of petroleum was made from a tanker (a modified Mahindra Pickup tanker parked in front of Shanti Devi's house) rather than from the personal or conscious possession of the petitioners, and that the petitioners have clean antecedents, the Court found bail appropriate.

Ratio / Principle

The petitioners were directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Rosera at Samastipur/concerned Court below, in connection with Shivajinagar P.S. Case No. 32 of 2026.

Key takeaways

Release was made subject to conditions: (i) one of the bailors shall be the petitioners' own blood relative, preferably father, mother or other immediate family member; and (ii) the petitioners shall cooperate in the investigation, if not concluded, and be physically present in Court during trial.ratio¶24

Detailed headnote1 paragraphs

BAIL GRANTED — B.N.S., 2023, Sections 287, 317(2), 317(4), 317(5) and 3(5) — Patna HC, Cr. Misc. No.33247 of 2026, order dated 14-05-2026 (Soni Shrivastava, J.) — Accused Prince Kumar and Indrajeet Kumar, in custody since 14.03.2026 in Shivajinagar P.S. Case No. 32 of 2026 (Samastipur) arising from recovery of 1115 litres of petroleum for alleged black-marketing from a modified Mahindra Pickup tanker parked in front of the house of one Shanti Devi, admitted to bail: recovery was from a tanker, not from the personal or conscious possession of the petitioners, who have clean antecedents; released on bail bond of Rs. 10,000/- each with two sureties of the like amount to the satisfaction of the learned SDJM, Rosera at Samastipur/concerned Court below; conditions — one bailor to be a blood relative (preferably father/mother/immediate family member) and petitioners to cooperate in investigation and be physically present in Court during trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33247 of 2026

Arising Out of PS. Case No.-32 Year-2026 Thana- SHIVAJINAGAR District- Samastipur

======================================================

Prince Kumar S/o Ram Kalesh Rai @ Ramkalesh Rai Residents of VillageKamopur, Police station- Khanpur, District- Samastipur.

Indrajeet Kumar S/o Raja Ram Mahto Residents of Village- Kamopur, Police station- Khanpur, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 14-05-2026

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 287, 317(2), 317(4), 317(5) and 3(5) of the B.N.S., 2023.

As per the prosecution case, the informant got secret information regarding storage of petroleum for black marketing and upon such information, he proceeded with other police personnel to Village-Bagdharwa where 1115 litres of petroleum was recovered from a Mahindra Pickup tanker in front of the house of one Shanti Devi.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.33247 of 2026(2) dt.14-05-2026 2/3

the recovery of petroleum has been made from a modified Mahindra Pickup tanker which was parked in front of the house of one Shanti Devi. It is submitted that the petitioners have only been stated to be into the business of doing black marketing, however, no recovery has been made from the personal or conscious possession of these petitioners. The FIR itself indicates that one Gulab Khan @ Rinku Singh was also said to be involved in the occurrence with the allegation of supply of petrol. Learned counsel further submits that the confessional statement of the petitioners has been taken by the police on threat and coercion and has no evidentiary value. Further, the petitioners have clean antecedent and are in custody since 14.03.2026 without any involvement.

Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

Taken into consideration the facts and circumstances and also considering the fact that the recovery has been made from a tanker and the petitioners have clean antecedent, let the above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.33247 of 2026(2) dt.14-05-2026 3/3

satisfaction of the learned Sub-Divisional Judicial Magistrate, Rosera at Samastipur/concerned Court below in connection with Shivajinagar P.S. Case No. 32 of 2026 subject to condition that:-

(i) One of the bailors will be their own blood relative, preferably, father, mother or any other immediate family member.

(ii) The petitioners shall cooperate in the investigation, if not concluded and be physically present in Court during trial.

(Soni Shrivastava, J)

anand/prachi/-

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