Patna High Court
Sintu Kumar Thakur @ Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on condition of a bail bond and sureties.
Summary
The petitioner, Sintu Kumar Thakur, applied for regular bail in a case registered under sections 303(2), 317(2), 318(4), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in the theft of a motorcycle. The prosecution alleged that the petitioner and an accomplice were caught driving a stolen motorcycle and failed to produce documents. The petitioner contended that no stolen vehicle or incriminating article was recovered from him, he has no prior criminal record, and he has been in custody since 23‑11‑2025. The State opposed the bail on the ground of the serious nature of the offences. After considering the allegations, the lack of antecedents and the fact that a charge‑sheet had been filed, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, Gaya.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita and his period of custody
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 318(4), 338, 340(2), 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- theft of motor vehicle
- no criminal antecedent
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13944 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- Bahera District- Gaya
======================================================
Sintu Kumar Thakur @ Sintu Kumar S/o- Shambhu Thakur R/v- Bela PS-
Hanterganj District- Chatra State Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bahera P.S. Case no.166
of 2025 registered under sections 303(2), 317(2), 318(4), 338,
340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner and one
another were caught driving stolen motorcycle for which on
being asked they did not produce any documents.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No stolen
motorcycle or any other incriminating article has been recovered
from his possession. He is in custody since 23.11.2025 and has
no criminal antecedent. Chargesheet has been submitted in the
case.
Patna High Court CR. MISC. No.13944 of 2026(2) dt.12-03-2026
2/2
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, his being in custody since 23.11.2025, chargesheet
having been submitted in the case and specially the petitioner
not having any criminal antecedent, the Court directs the
petitioner to be enlarged on bail in connection with Bahera P.S.
Case no.166 of 2025 on furnishing bail bond of Rs.10,000/
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate, Sherghati, Gaya.
(Partha Sarthy, J)
Saurabh/-
U T
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