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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail applications of Pintu Kumar and Amit Kumar are dismissed.

Summary

The petitioners, Pintu Kumar and Amit Kumar, applied for regular bail in connection with a theft case (PS Sandesh Case No. 223/2025) under Section 309(4) of the B.N.S., alleging false implication and claiming no incriminating items were found on them. The prosecution alleged that the accused looted Rs. 4,74,000, recovered a motorcycle from Pintu Kumar, and recovered part of the looted money and a passbook from Amit Kumar, asserting they were the owner and accomplice respectively. Both petitioners have prior criminal antecedents and have been in custody since 15‑10‑2025. The court examined the material evidence, the recovery of the vehicle and money, and the petitioners' criminal records. Concluding that the evidence linked the petitioners to the crime, the court declined to grant bail and dismissed the applications.

Issues considered

  • Whether bail should be granted to the accused under Section 309(4) of the B.N.S. in view of the recovery of the alleged stolen property and the petitioners' prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • loot
  • motorcycle
  • prior criminal antecedent
  • Section 309
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.10966 of 2026
                      Arising Out of PS. Case No.-223 Year-2025 Thana- SANDESH District- Bhojpur
                 ======================================================
                 Pintu Kumar S/O Upendra Singh Resident of Village- Khanet, P.S.- Pawna,
                 District- Bhojpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 18212 of 2026
                      Arising Out of PS. Case No.-223 Year-2025 Thana- SANDESH District- Bhojpur
                 ======================================================
                 Amit Kumar @ Anil Kumar S/O- Sohan Singh R/O Village- Padma, PS-
                 Pawana, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 10966 of 2026)
                 For the Petitioner/s     : Mr.Akanksha Malviya, Advocate
                                            Mr.Akash Keshar, Advocate
                 For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
                 (In CRIMINAL MISCELLANEOUS No. 18212 of 2026)
                 For the Petitioner/s     : Mr.Anil Kumar Singh, Advocate
                 For the Opposite Party/s : Mr.Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   16-04-2026                   Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioners seek bail in connection with

                   Sandesh P.S. Case No. 223/2025 registered for the offences

                   punishable under Section 309(4) of B.N.S.

                               3. As per the prosecution case, unknown criminals
              Patna High Court CR. MISC. No.10966 of 2026(3) dt.16-04-2026
                                                          2/2




                        committed loot of Rs. 4,74,000/-.

                                     4. Learned counsel for the petitioners submits that

                        petitioners have falsely been implicated in the case. No

                        incriminating articles has been recovered from their possession.

                        Learned counsel further submits that petitioner namely, Pintu

                        Kumar has one criminal antecedent and petitioner namely, Amit

                        Kumar has two criminal antecedents and they are in custody

                        since 15.10.2025. The petitioners undertake to co-operate in the

                        case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioners on the ground that petitioner

                        namely, Pintu Kumar is the owner of the motorcycle which was

                        used in commiting the crime and                      petitioner namely, Amit

                        Kumar was his accomplice.

                                     6. Considering the recovery of motorcycle used in

                        committing crime from petitioner namely, Pintu Kumar and part

                        of looted money and passbook etc. from petitioner namely, Amit

                        Kumar, this Court is not inclined to grant bail to the petitioners.

                                     7. Accordingly, these applications stand dismissed.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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