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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                   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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