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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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