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Patna High Court

Sintu Kumar @ Sittu Kumar @ Sintu YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the seriousness of the charge and the petitioner’s antecedents preclude release pending trial.

Summary

The petitioner, Sintu Kumar, was charged under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act for allegedly firing a shot that killed the father of an informant. He has six prior criminal convictions and has been in custody since 25 April 2025. The petitioner applied for regular bail, arguing that he should be released pending trial. The court examined the seriousness of the offence, the evidence of a firearms injury, and the petitioner’s criminal antecedents, and concluded that bail would be inappropriate. Consequently, the bail petition was dismissed and the court directed that the trial be expedited and concluded preferably within a year.

Issues considered

  • Whether regular bail should be granted to the petitioner given the gravity of the offence and his prior criminal record
  • Whether the trial can be expedited under the circumstances

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • firearms
  • prior convictions
  • trial expeditious
  • Bharatiya Nyaya Sanhita
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4510 of 2026
                     Arising Out of PS. Case No.-239 Year-2024 Thana- PURAINI District- Madhepura
                 ======================================================
                 Sintu Kumar @ Sittu Kumar @ Sintu Yadav Son of Sri Deepnarayan Yadav
                 @ Deepanarayan Yadav Resident of Village - Rasalpur Dhuriya, Ward No. 11,
                 P.S. - Chousa, Distt. - Madhepura.
                                                                             ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjiv Kumar, Advocate
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyay, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                    Heard learned counsel for the parties.
                                 2. Petitioner seeks regular bail in a case registered for
                   the offence punishable under sections 103(1) and 3(5) of the
                   Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.
                                3. As per prosecution case, petitioner fired shot on
                   father of the informant causing his death. Post mortem report
                   reflects that deceased sustained fire arms injury. Petitioner has
                   got six criminal antecedents. Petitioner is in custody since
                   25.4.2025.
                                4. Considering the gravity of accusation as well as the
                   materials collected during course of investigation and criminal
                   antecedent of the petitioner, petition for bail of this petitioner is
                   dismissed. Since, petitioner is in custody, let the trial be
                   expedited and concluded preferably within a year.



                                          (Prabhat Kumar Singh, J)
Shashi
U      T


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