Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing their release upon furnishing a bail bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Sintu Kumar and Bhola Paswan, were arrested in connection with a robbery and assault alleged under Sections 309(6) and 311 of the Bihar Negotiable Instruments Act. The prosecution claimed the accused intercepted an informant, assaulted him, and stole cash, a laptop, a charger, a Wi‑Fi device and a scanning device, and that the informant could identify the miscreants. The petitioners submitted that they had given confessional statements, that the seized items were recovered from their possession, and that the informant’s description of the stolen items was vague and no TIP (turn‑in‑person) was conducted. They also highlighted their clean criminal record and that they had been in judicial custody since 18‑10‑2025. The State opposed bail, but the court, after considering the circumstances, ordered the release of both petitioners on bail with a bond of Rs 10,000 each and two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 309(6) and 311 of the Bihar Negotiable Instruments Act despite a confessional statement and alleged theft.
- Whether the lack of a TIP and the informant’s vague identification affect the bail decision.
- Whether the petitioners’ clean criminal record and length of custody justify regular bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(6), 311
Subjects
- bail
- criminal procedure
- confessional statement
- seizure of property
- identification of accused
- clean criminal record
- Sections 309, 311
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12938 of 2026
Arising Out of PS. Case No.-206 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
1. Sintu Kumar S/o Fago Paswan @ Faguni Paswan R/o Village - Sakarpura,
P.S - Hasanpur, District - Samastipur
2. Bhola Paswan @ Bola Paswan S/o Hareram Paswan R/o Village -
Sakarpura, P.S - Hasanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections 309(6)
and 311 of the BNS.
3. The case of the prosecution, in short, is that three
persons on a bike intercepted the informant, assaulted him with
butt of weapon and looted Rupees Two Lakh, laptop, charger,
wi-fi and Marco scanning device. The informant has also sated
that he can identify the miscreants.
4. Learned counsel for the petitioners submits that
during course of investigation the petitioners were apprehended
and they have given their confessional statement. It has further
been submitted that from perusal of the seizure list it will
transpire that the recovery have been made from the possession
Patna High Court CR. MISC. No.12938 of 2026(3) dt.09-04-2026
2/2
of both the petitioners but the articles which have been
recovered, they belong to the petitioners. It has further been
submitted that informant has nowhere specified the makes of
laptop or the mobile or scanning machine. It has further been
submitted that the informant has specifically stated that he can
identify the miscreants but in this case I.O. has not conducted
the TIP. Learned counsel for the petitioners has further
submitted that the petitioners are having no criminal antecedent
and they are in judicial custody since 18.10.2025.
5. Learned APP for the State has vehemently opposed
the bail application of the petitioners.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Hasanpur P.S. Case No. 206 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each of them with two sureties of the
like amount each to the satisfaction of learned A.C.J.M.-II,
Rosera, Samastipur.
(Ashok Kumar Pandey, J)
durgesh/-
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