Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Pintu Kumar was arrested on 9 August 2025 in connection with a theft of an e‑rickshaw and charged under several sections of the Bihar Narcotic Substances Act, 2023. He contended that the FIR was fabricated, he was not originally named, and the informant had not identified him, while also alleging non‑compliance with Section 103 of the Act and the absence of a T.I.P. The prosecution opposed his bail application. The court noted the petitioner’s clean antecedent, the lack of identification by the informant, and the procedural lapses, and therefore ordered his release on bail. Bail was granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, and a provision for cancellation if his antecedent is concealed.
Issues considered
- Whether bail should be granted to the accused given the alleged procedural lapses and lack of identification.
- Whether the non‑compliance with Section 103 of the Bihar Narcotic Substances Act and the absence of a T.I.P. justify bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 109, 123, 126(2), 127(2), 303(2), 3(5)
Subjects
- bail
- false FIR
- identification
- clean antecedent
- Section 103
- theft
- e‑rickshaw
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80362 of 2025
Arising Out of PS. Case No.-455 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Pintu Kumar S/o- Kameshar Chauhan @ Kameshwar Chaudhari Vill-
Dharampur PS-Phulwarisharif Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 31-01-2026 Heard Mr. Arun Kumar Singh, learned counsel for
the petitioner and Mr. Sunil Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.08.2025 in connection with Naubatpur P.S. Case No. 455 of
2025, F.I.R. dated 08.08.2025 for the offences punishable under
Sections 126(2), 127(2), 109, 123, 303(2) and 3(5) of the BNS,
2023.
3. According to prosecution case, this petitioner along
with other accused persons have stolen the E-rickshaw of the
informant.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.80362 of 2025(4) dt.31-01-2026
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F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. The petitioner was initially
not named in the F.I.R and name of the petitioner has been
transpired during investigation and the so called e-rickshaw was
recovered from the possession of the petitioner. He further
submits that there is non-compliance of Section 103 of the
B.N.S.S and till date no T.I.P has been conducted by the
prosecution and even the informant has not identified the
petitioner as yet. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 09.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, informant has not
identified the petitioner and till date no T.I.P has been conducted
by the prosecution, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned ACJM-VII, Danapur, Patna in connection with
Naubatpur P.S. Case No. 455 of 2025, subject to the following
conditions:-
Patna High Court CR. MISC. No.80362 of 2025(4) dt.31-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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