Patna High Court
Cintu Kumar @ Cintu MistryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
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
- B.N.S.S. — s. 482
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
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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
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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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