Patna High Court
Sintu Patel @ Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 326, 34, 341, 448
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
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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
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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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