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Patna High Court

Cintu Kumar @ Cintu MistryversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions.

Summary

The petitioner, Cintu Kumar, sought anticipatory bail fearing arrest in a case (PS Case No. 97 of 2025) involving multiple serious offences under the B.N.S. The prosecution alleged that a group of accused assaulted the informant and her husband with intent to kill, and later trespassed and assaulted the informant’s family. The petitioner contended he was not named in the FIR, had no specific role, and was himself a victim of the incident. The State opposed the bail application. The High Court, after considering the facts and the petitioner’s claim of innocence, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and other conditions under Section 482 of the B.N.S.S., directing release if arrested within four weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the applicable provisions
  • Whether the petitioner’s alleged involvement in the offences warrants denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • Section 482
  • bail conditions
  • Bihar High Court
  • criminal offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6809 of 2026
                      Arising Out of PS. Case No.-97 Year-2025 Thana- CHANAN District- Lakhisarai
                 ======================================================
                 Cintu Kumar @ Cintu Mistry S/o Arvind Mistry R/o Village - Sangrampur,
                 P.S - Chanan, District - Lakhisarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prasoon Shekhar
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Chanan P.S. Case No. 97 of 2025 for the

                   offence under Sections 126(2), 115(2), 118(1), 117(2), 351(2),

                   352, 191(2), 190, 329(4), and 109 of the BNS.

                                3. As per the prosecution story, the informant has

                   alleged that on 03.08.2025 at about 4:00 PM, she along with her

                   husband was returning home when Mahendra Mistry, called

                   them to inspect a toilet under construction near his house. While

                   her husband was inspecting the same, the accused persons,

                   namely Manish Kumar, Vishal Kumar, Bittu Kumar, Gaurav

                   Kumar, Akshay Kumar and Sanjay Mistry, along with others,

                   surrounded the informant and her husband assaulted them with
Patna High Court CR. MISC. No.6809 of 2026(2) dt.17-02-2026
                                            2/3




          lathis and iron rods with intention to kill. It is alleged that both

          sustained injuries in the said occurrence and the matter was

          reported to the local police station. It is further alleged that

          when the police team of Chanan P.S. reached the village to

          inquire into the incident, the accused conspired to commit

          another offence. Accordingly, on 04.08.2025 at about 7:00 AM,

          as soon as the informant opened the door of her house, the

          aforesaid accused persons, along with Sindhu Mistry, trespassed

          into    the     house      and     assaulted        the   family   members

          indiscriminately, exhorting to kill them.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in the

          present case. From bare perusal of the F.I.R., it is evident that

          the petitioner is neither named therein nor any specific role has

          been attributed to him. It is further submitted that both parties

          sustained injuries, and the present petitioner himself also

          suffered injuries.

                        5. Learned APP opposes the prayer for bail.

                        6. Keeping in view the aforesaid facts, this Court is

          inclined to extend him the privilege of anticipatory bail.

                        7. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the date
           Patna High Court CR. MISC. No.6809 of 2026(2) dt.17-02-2026
                                                       3/3




                     of receipt of this order, on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) each with two sureties of like amount each to the

                     satisfaction of learned Additional Chief Judicial Magistrate, I,

                     Lakhisrai, in connection with Chanan P.S. Case No. 97 of 2025

                     subject to the conditions as laid down under Section 482 of

                     B.N.S.S., as also with the condition that one of the bailors

                     should be close relative of the petitioner.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U      T


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