Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered the release of the petitioner on regular bail.
Summary
The petitioner, Sintu Kumar, was arrested in connection with a theft of a bicycle under section 309(4) of the Bihar Negotiable Instruments Act. The prosecution alleged that the petitioner purchased stolen bike parts from co‑accused who later gave confessional statements implicating him. The petitioner contended that he is a junk dealer who had no knowledge of the theft, has no prior criminal record, and has been in judicial custody since 23‑10‑2025. The State opposed the bail application. Considering the lack of antecedents, the circumstances of the case and the petitioner’s claim of innocence, the Court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner accused under section 309(4) of the Bihar Negotiable Instruments Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- bail
- regular bail
- section 309
- confessional statement
- co‑accused
- no criminal antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6749 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Sintu Kumar S/O Shankar Sah R/O village- Garaiya, P.S.- Parwatta, Dist.-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 309 (4) of
the BNS.
3. The case of the prosecution is that while the
informant was returning home, some unknown miscreants
looted his bike.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that FIR
was lodged against unknown miscreants. During the course of
investigation, co-accused persons, namely, Ravi Kumar and
Ankush Kumar have given their confessional statement and on
the basis of the said confessional statement, name of the
Patna High Court CR. MISC. No.6749 of 2026(2) dt.10-02-2026
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petitioner has surfaced. According to the confessional statement
of the said co-accused persons, they have sold the parts of the
stolen bike to the petitioner. It is further submitted that the
petitioner is a junk dealer and had no knowledge about the
occurrence. Moreover, the petitioner is languishing in judicial
custody since 23.10.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Ghogha P.S. Case No. 131 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-II, Bhagalpur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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