Patna High Court
Sintu Kumar Yadav @ Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in the absence of any overt act attributable to the petitioner and with the investigation already concluded, bail should be granted subject to the conditions of CrPC 437(3) and BNSS 480(3).
Summary
The petitioner, Sintu Kumar Yadav, was arrested in connection with a murder case (PS Case No.332 of 2025) where the FIR named him only on the basis of a call detail record and not by any overt act. The FIR alleged offences under the Bhartiya Nyaya Sanhita, 2023 and the Arms Act, but the substantive allegations of the fatal shooting were directed at other accused, Md. Monajir and Md. Mojahir. The petitioner argued that he has a clean antecedent, the investigation is complete and a charge‑sheet has been filed, leaving no scope for tampering with evidence. The Additional Public Prosecutor opposed bail. The court examined the lack of direct participation by the petitioner, the completed investigation, and applied the bail provisions of CrPC 437(3) and BNSS 480(3). Consequently, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to the stipulated conditions.
Issues considered
- Whether bail can be granted when the petitioner is named in the FIR only on the basis of a call detail record and no overt act is attributed to him.
- Whether the completion of investigation and filing of a charge‑sheet precludes the grant of bail.
- Whether the provisions of Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita are applicable for granting bail in this case.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 109 read with 3(5), 126(2), 352
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- call detail record
- FIR
- no overt act
- investigation completed
- charge sheet
- Arms Act
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75805 of 2025
Arising Out of PS. Case No.-332 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Sintu Kumar Yadav @ Sintu Kumar, S/o Bhupendra Yadav, R/o Village-
Gobargarha, Ward No. 08, P.S.- Saharsa, District- Saharsa
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Saharsa Sadar P.S. Case No.332 of 2025 registered for
the offences punishable under Sections 126(2), 352, 109
read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (for short
‘B.N.S.’) but later on Sectioin 25(1-B)a, 26, 35 of the Arms
Act and Section 103(1) of the B.N.S. were added in the FIR.
3. The accused/petitioner is not named in the FIR
and is in custody since 19.03.2025.
4. As per FIR, petitioner along with other named
and unknown co-accused persons shot dead the brother of the
informant on 15.03.2025 at about 4:40 PM.
Patna High Court CR. MISC. No.75805 of 2025(2) dt.06-02-2026
2/3
5. Learned counsel appearing for the petitioner
submitted that from facial perusal of the FIR itself, it can be
gathered safely that prima facie no overt act appears
attributed to this petitioner. It is submitted that the name of
this petitioner transpired in this case merely on the basis of
call detail report (C.D.R.) of the mobile of this petitioner. It is
submitted that the thrust of allegation as to cause fatal
firearm injury is available against Md. Monajir and Md.
Mojahir. While concluding argument, it is submitted that
investigation of this case is already completed, for which,
charge-sheet has been submitted and, as such, there is no
chance of tampering with the evidence and moreover
petitioner is a man of clean antecedent.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as prima facie no overt act appears to be
attributed qua petitioner, rather thrust of allegation as to
cause fatal firearm injury is available against Md. Monajir and
Md. Mojahir, coupled with the fact that investigation of this
Patna High Court CR. MISC. No.75805 of 2025(2) dt.06-02-2026
3/3
case is already completed, where petitioner remains in
custody since 19.03.2025, accordingly, the petitioner, above-
named, is directed to be released on bail furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Saharsa in connection with Saharsa Sadar
P.S. Case No.332 of 2025, subject to the conditions as laid
down under Section 437(3) of the Code of Criminal Procedure
(for short ‘CrPC’)/under Section 480(3) of the Bhartiya
Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…