Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioner had a clean antecedent, the seized motorcycle was returned to its owner, and the alleged procedural lapse under Section 103 did not outweigh the bail considerations.
Summary
The petitioner, Pintu Kumar, was arrested on 3 November 2025 in connection with a case under Sections 303(2) and 317(2) of the Bihar Narcotic Substances Act, 2023, for allegedly possessing a motorcycle without valid documents. The prosecution alleged that the motorcycle was seized from the petitioner, while the defence argued that the petitioner has a clean antecedent and the vehicle has already been returned to its rightful owner, Aquib Imam. The defence also contended that the police failed to comply with Section 103 of the B.N.S.S. regarding seizure procedures. The Additional Public Prosecutor opposed bail, but the court noted the petitioner’s clean record and the return of the motorcycle. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order also directed that bail should not be delayed for antecedent verification.
Issues considered
- Whether bail should be granted to a person accused under Sections 303(2) and 317(2) of the BNS, 2023.
- Whether the police complied with Section 103 of the B.N.S.S. in seizing the motorcycle.
- Whether the petitioner’s clean antecedent and return of the seized vehicle justify bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 303(2), 317(2)
Subjects
- bail
- criminal procedure
- Sections 303(2) BNS
- Section 317(2) BNS
- Section 103 B.N.S.S.
- clean antecedent
- seizure of vehicle
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3972 of 2026
Arising Out of PS. Case No.-390 Year-2025 Thana- GURUA District- Gaya
======================================================
Pintu Kumar S/o Late Ram Kishun Mistry @ Ram Kisu Mistry @ Ram
Kishun Sharma R/o vill - Erar, P.S.- Gurua, Distt.- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Shailesh Kumar Singh, learned counsel
for the petitioner and Mr. Jitendra Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.11.2025 in connection with Gurua P.S. Case No. 390 of 2025,
F.I.R. dated 03.11.2025 for the offences punishable under
Sections 303(2) and 317(2) of the BNS, 2023.
3. According to prosecution case, this petitioner was
intercepted by the police party and was unable to produce any
valid documents of motorcycle before the police.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although the recovery has been
made from the possession of the petitioner as well as the co-
Patna High Court CR. MISC. No.3972 of 2026(2) dt.28-01-2026
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accused person but there is non-compliance of Section 103 of
the B.N.S.S. He further submits that the police has handed over
the motorcycle in question to its owner, namely, Aquib Imam.
The petitioner is in custody since 03.11.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and the motorcycle in
question has been handed over to its owner, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM-1 st Class,
Sherghati, Gaya (Bihar) in connection with Gurua P.S. Case No.
390 of 2025, 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.
Patna High Court CR. MISC. No.3972 of 2026(2) dt.28-01-2026
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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)
Vanisha/-
U T
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