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Patna High Court

Sintu Pathak @ Mithilesh PathakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Bail may be granted provided the trial court first verifies that the charges have been formally framed; otherwise the bail order is ineffective.

Summary

The petitioner, Sintu Pathak, applied for bail in a criminal case involving offences under several sections of the B.N.S. and Section 27 of the Arms Act. He had previously sought regular bail, which was rejected, but the court allowed him to renew his bail application after the charges were framed. The petitioner had been in custody since May 9, 2025, and the trial court had not yet produced the charge‑framing order. The High Court directed that bail be granted upon furnishing a bail bond of Rs.25,000 with two sureties, subject to verification that the charges have indeed been framed. It further stipulated that if the trial court finds the charges unframed, the bail order would not take effect, and that bail could be cancelled if the petitioner attempts to delay the trial. The application was allowed, granting bail under the specified conditions.

Issues considered

  • Whether bail can be granted when the charges against the petitioner have been formally framed under the specified statutes
  • Whether the trial court must verify the framing of charges before releasing the petitioner on bail
  • What conditions may be imposed on bail in a case involving offences under the B.N.S. and the Arms Act

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • charge framing
  • Arms Act
  • Bihar
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25251 of 2026
                    Arising Out of PS. Case No.-115 Year-2025 Thana- BHAGWANPUR District- Kaimur
                                                         (Bhabua)
                 ======================================================
                 Sintu Pathak @ Mithilesh Pathak S/o Ghanshyam Pathak Resident of Village-
                 Singhi, P.S.- Bhagwanpur, District- Kaimur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Priyanka Singh
                 For the Opposite Party/s :      Mr.Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 352,

                   351(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.

                                3. The learned counsel for the petitioner submits that

                   petitioner had earlier moved this Court seeking regular bail by

                   filing Cr. Misc. No.62155 of 2025 and the same came to be

                   rejected by an order dated 23.12.2025 with liberty to the

                   petitioner to renew his prayer for bail after framing of charge.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is in custody since 09.05.2025 and has antecedent

                   of one case and the charges against the petitioner stands framed
Patna High Court CR. MISC. No.25251 of 2026(2) dt.13-05-2026
                                            2/3




          by order dated 06.02.2026 as pleaded at Para-9 of the regular

          bail application.

                       5. Learned A.P.P. submits that no doubt the petitioner

          was granted the liberty to renew his prayer for bail after framing

          of charge and it has been pleaded also that charges against the

          petitioner stands framed by order dated 06.02.2026, but then the

          order framing charge has not been annexed.

                       6. After hearing the learned counsel for the parties,

          the petitioner, above-named, is directed to be released on bail on

          his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees

          Twenty Five Thousand) with two sureties of the like amount

          each to the satisfaction of learned Court below where the case is

          pending in connection with Bhagwanpur P. S. Case No. 115 of

          2025.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court before

          releasing the petitioner on bail shall verify whether charges

          against the petitioner has been framed or not and if it is found

          that charges against the petitioner has not been framed in that

          event the present order shall not be given effect to, but if it is

          found that charges against the petitioner stands framed, in that

          event, petitioner will be released forthwith.
               Patna High Court CR. MISC. No.25251 of 2026(2) dt.13-05-2026
                                                           3/3




                                      9. It is further made clear that if the learned trial court

                         comes to a conclusion that petitioner after his release is trying

                         the delay the trial in any manner, the learned trial court shall be

                         at liberty to cancel the bail bonds of the petitioner after

                         recording reasons.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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