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Patna High Court

Sintu Patel @ Sintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specific conditions.

Summary

The petitioner, Sintu Patel, was arrested on 14 August 2025 in connection with a 2018 incident alleged under IPC sections 448, 341, 323, 326, 307 read with 34 and Section 27 of the Arms Act. The prosecution alleges that the petitioner, along with co‑accused Nitish Kumar, assaulted an informant, shot the informant's son in the heel and injured the informant's aunt. The petitioner contends that he was falsely implicated due to a land dispute, that no injury to the aunt is recorded, and that he has not committed any offence. The co‑accused had previously been granted bail by the same court. The Additional Public Prosecutor opposed bail on the ground of a prior criminal antecedent. The court, after considering the material, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences and alleged prior criminal antecedent.

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • criminal antecedent
  • land dispute
  • rioting
  • assault
  • attempt to murder
  • common intention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1998 of 2026
                      Arising Out of PS. Case No.-533 Year-2018 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Sintu Patel @ Sintu Kumar S/O Sri Gopal Mahto @ Ram Gopal Patel @ Ram
                 Gopal Prasad R/O Village- Narendra Rampur, P.S.- Naubatpur, Dist.- Patna

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar Patna
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                       Heard Mr. Ashok Kumar, learned counsel for the

                   petitioner and Mr. Nagendra Prasad, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   14.08.2025 in connection with Naubatpur P.S. Case No. 533 of

                   2018, F.I.R. dated 31.10.2018 for the offences punishable under

                   Sections 448, 341, 323, 326, 307 read with Section 34 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                3.    According to prosecution case, on 31.10.2018,

                   when the informant was returning to his house after attending

                   nature’s call, the accused persons caught him and assaulted him

                   with lathi-danda, but any how the informant fled away from

                   there. When the informant came to his house, he saw that his

                   son has sustained bullet injury in his right heel. The informant

                   also saw that the co-accused, Nitish Kumar was fleeing away
Patna High Court CR. MISC. No.1998 of 2026(2) dt.20-01-2026
                                            2/3


          from his door holding pistol in his hand. Thereafter, the

          informant took his son to P.M.C.H. for treatment. Further, the

          informant came to know that his aunt Rita Devi was also injured

          from the firing made by the petitioner.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case due to land dispute. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R.                As per the FIR,   the

          petitioner has fired upon aunt of the informant but there is no

          injury report available on the record which suggests that she has

          received any injury. There is case and counter case between the

          parties. The co-accused person, namely, Nitish Kumar has been

          granted bail by the co-ordinate Bench of this Hon’ble Court vide

          order dated 29.06.2020 passed in Criminal Miscellaneous No.

          9583 of 2020. He further submits that the police after

          investigation submitted the charge sheet against the petitioner.

          The petitioner is in custody since 14.08.2025.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one more criminal antecedent

          other than the present one.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing
             Patna High Court CR. MISC. No.1998 of 2026(2) dt.20-01-2026
                                                         3/3


                       bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                       the like amount each to the satisfaction of the learned A.C.J.M.

                       VI, Danapur, Patna in connection with Naubatpur P.S. Case No.

                       533 of 2018, subject to the following conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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