Patna High Court
Sintu Kumar @ SintuniaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner sought bail in a case registered under Sections 310(4), 310(5), 318(4) of the B.N.S., 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act, alleging that he was merely a passenger in a seized vehicle and that no weapons were found on his person. The prosecution alleged that a pistol and six live cartridges were recovered from the petitioner’s house and that the vehicle bore a government signboard. The petitioner’s counsel argued that he was innocent, not the owner or driver, and that the police failed to comply with Section 105 of the B.N.S. during the seizure. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court found the procedural lapse and lack of direct possession sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving serious offences under the B.N.S. and the Arms Act.
- Whether the failure of police to comply with Section 105 of the B.N.S. during seizure affects the bail decision.
- Whether the petitioner’s alleged status as a passenger and lack of possession of the seized weapons justify bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- B.N.S., 2023 — s. 310(4), 310(5), 318(4)
Subjects
- bail
- B.N.S.
- Arms Act
- procedural lapse
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30168 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- BALIYA District- Begusarai
======================================================
Sintu Kumar @ Sintunia Son of Ramjeevan Sangai @ Rameevan Sangai @
Ramjiwan Sangahi Resident of Village- Sadipur, P.S.- Ballia, District-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Adv.
Mr. Amit Prakash, Adv.
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Ballia P.S. Case No. 52 of 2026 registered for the offence
punishable under Sections 310(4), 310(5), 318(4) of the B.N.S.,
2023 and Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others were apprehended in a Scorpio
vehicle. On the sign board of the said vehicle, Government of
Bihar, D.P.O., Begusarai was written. It is alleged that from the
house of this petitioner, one country made pistol and six live
cartridges were recovered.
4. Learned counsel appearing on behalf of the petitioner
submits that the petitioner is innocent and has committed no
offence and has been falsely implicated in the present case. It is
Patna High Court CR. MISC. No.30168 of 2026(2) dt.07-05-2026
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further submitted that the petitioner is neither the owner nor the
driver of the said vehicle and was merely a passenger in the said
Scorpio. Learned counsel further submits that nothing has been
recovered from the possession of the petitioner. The witnesses to
the seizure list are police personnel, and the police have not
complied with Section 105 of the BNSS while effecting the
seizure. Moreover, the petitioner is languishing in judicial custody
since 24.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Begusarai in connection with Ballia P.S. Case
No. 52 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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