Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that in the absence of direct evidence and given the petitioner’s clean record, regular bail must be granted.
Summary
The petitioner, Pintu Kumar, sought regular bail in a case registered under section 303(2) of the Bihar Negotiable Substances Act for alleged involvement in the theft of two X‑ray machines. The prosecution alleged that unknown miscreants stole the machines, and a co‑accused, Prince Kumar, named the petitioner in his confessional statement. The petitioner’s counsel argued that the FIR was lodged against unknown persons, the petitioner had no criminal antecedent, and the only incriminating material was the co‑accused’s confession. The State opposed bail, contending the seriousness of the offence. After hearing both sides, the court found insufficient direct evidence against the petitioner and, considering his lack of prior record and prolonged pre‑trial detention, ordered his release on regular bail upon furnishing a bond with sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under section 303(2) of the Bihar Negotiable Substances Act despite the co‑accused’s confessional statement naming him.
Subjects
- regular bail
- section 303(2)
- confessional statement
- criminal antecedent
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20778 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Pintu Kumar S/o Krishna Prasad R/o - Tamkuhi Road, P.S - Tamkuhi, District
- Kushinagar, State - Uttar Pradesh At present R/o - Mirganj Ward No. 6,
Bluaapar, P.S - Mirganj, District - Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Shekhar Pandey, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 303(2) of
BNS.
3. The case of the prosecution is that some unknown
miscreants have stolen two x-ray machines from indo therm test
house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
against unknown miscreants. During course of investigation, one
Prince Kumar was apprehended and he has given his
confessionals statement and the name of this petitioner has
Patna High Court CR. MISC. No.20778 of 2026(2) dt.02-04-2026
2/2
surfaced in the confessional statement of that co-accused Prince.
From perusal of order of the learned trial court, it will transpire
that the recovery of the x-ray machines was made from the
possession of Dinesh Sharma and Vinesh Sharma. Learned
counsel has submitted that save and except confessional
statement, there is nothing against the petitioner. A statement has
been made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 10.10.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the afacts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Mirganj P.S. Case No. 488 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. 2nd Class, Gopalganj,
Bihar.
(Ashok Kumar Pandey, J)
shubham/-
U T
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