Patna High Court

Saintu Kumar @ Sintu KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Saintu Kumar, was arrested for alleged firing on police and possession of an illegal firearm, charged under Sections 132, 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26, 27 and 35 of the Arms Act. He contended that the recovery of the weapon was false, lacked independent witness signatures, and that he suffered no injury to any person. He also highlighted that a co‑accused in a similar situation had been granted bail by a coordinate bench. The State opposed bail, citing the filed chargesheet. The Court, after considering the facts, the existence of a chargesheet, and the precedent of bail to the co‑accused, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the charges under the Bharatiya Nyaya Sanhita and the Arms Act.
Whether the alleged procedural lapses in the recovery of the weapon justify bail.

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 27, 35
Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 132, 3(5)

Subjects

bail
criminal procedure
Arms Act
Bharatiya Nyaya Sanhita
false recovery
police firing
chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72041 of 2025
                     Arising Out of PS. Case No.-226 Year-2025 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Saintu Kumar @ Sintu Kumar S/O Vikash Kunwar @ Viyash Kunwar R/O
                 Sonvarsha Ward No 7, P.S- Bihpur, District- (Naugachhia) Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivekanand Singh, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 132, 109(1) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023 and Section 25 (1-B)(a), 26,

                   27 and 35 of the Arms Act.

                                   3. As per the prosecution case, acting on a tip-off,

                   when the police raided and chased the miscreants, they opened

                   fire on the police party. The petitioner and one co-accused were

                   apprehended by the police and one country made katta and three

                   mobile phones were recovered from the possession of the

                   petitioner.

                                   4. It is submitted by learned counsel for the

                   petitioner that the petitioner has been falsely implicated and a
Patna High Court CR. MISC. No.72041 of 2025(5) dt.19-02-2026
                                            2/3




          false recovery of loaded country made pistol and one live

          cartridge has been shown to be recovered from his possession

          but there is no signature of any independent witness, violating

          the mandatory provisions of search and seizure. As a matter of

          fact, the petitioner had gone to the place of occurrence for some

          work and an altercation took place on account of which a false

          recovery has been shown. No injury has been caused in the

          entire transaction to anybody. It is also pointed out that the

          similarly situated co-accused, Rakesh Kumar has already been

          granted the privilege of bail vide order dated 01.12.2025 passed

          in Cr. Misc. No.80168 of 2025 by a coordinate Bench of this

          Court. It is also submitted that the chargesheet has been

          submitted against the petitioner and he is languishing in custody

          since 21.06.2025.

                          5. Learned APP for the State opposed the bail

          petition.

                          6. Taking into consideration the facts and

          circumstances of the case and also considering the fact that the

          chargesheet has been submitted against the petitioner coupled

          with the fact that one almost similarly situated co-accused has

          already been granted bail by a co-ordinate Bench of this Court,

          the above named petitioner is directed to be enlarged on bail on
            Patna High Court CR. MISC. No.72041 of 2025(5) dt.19-02-2026
                                                        3/3




                      furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/successor

                      Court in connection with Parbatta P.S. Case No.226 of 2025.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T

Continue reading with your account

Checking your session…