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Patna High Court

Pintu Kumar @ Pintu Ray @ Palta RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specific conditions.

Summary

The petitioner, Pintu Kumar, was arrested on 17 September 2025 in connection with FIR No. 133 of 2025 alleging assault, robbery of Rs. 1,30,000 and ornaments, and firing upon the informant's son, invoking several sections of the Bihar National Security Act, 2023 and Section 27 of the Arms Act. The petitioner contended that the FIR was fabricated, the alleged date of occurrence was misstated, and no weapon or stolen items were recovered from his possession, asserting his innocence. The prosecution highlighted six prior criminal antecedents of the petitioner, though he was on bail in all other pending cases, and opposed the bail application. The court examined the material facts, the seriousness of the offences, and the petitioner’s antecedents, and considered the principle of bail as a right unless the court is convinced of a likelihood of tampering with evidence or fleeing. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s criminal antecedents, with cancellation of bail if concealment is discovered.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents
  • Whether the alleged discrepancies in the FIR and lack of recovered material evidence warrant bail

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • false FIR
  • Arms Act
  • Bihar National Security Act
  • assault
  • robbery
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83313 of 2025
                 Arising Out of PS. Case No.-133 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
                 Pintu Kumar @ Pintu Ray @ Palta Rai S/O Late Arvind Rai @ Late Arvind
                 Ray@ Lt Arvindra Ray R/O Village - Hasanpur Surat Tola, P.S- Patori @
                 Patory, Distt.- Samastipur,Bihar


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


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Madhav Kumar, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 For the Informant         :      Ms. Khushi Awadh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-01-2026                       Heard Mr. Madhav Kumar, learned counsel for the

                   petitioner, Ms. Khushi Awadh, learned counsel for the informant

                   and Mr. Binod Kumar, learned Additional Public Prosecutor for

                   the State.

                                2. Petitioner seeks bail who is in custody since

                   17.09.2025 in connection with Shahpur Patori P.S. Case No. 133

                   of 2025, F.I.R. dated 10.04.2025 for the offences punishable

                   under Sections 109, 126(2), 115(2), 117(2), 303(2), 352 and

                   61(2) of the BNS, 2023 and Section 27 of the Arms Act.

                                3.      According to prosecution case, all the accused
Patna High Court CR. MISC. No.83313 of 2025(3) dt.19-01-2026
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          persons including this petitioner assaulted the son of the

          informant, looted cash worth Rs. 1,30,000/- and ornaments

          including gold chain and this petitioner fired upon him.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. The allegation as alleged in the F.I.R is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the F.I.R. He further submits that the date of

          occurrence has alleged in the F.I.R is 09.04.2025 but the present

          F.I.R has been instituted on 10.04.2025. It appears from the

          F.I.R itself that the informant is not the eye witness of the

          alleged occurrence and name of the petitioner has been

          transpired on the basis of suspicion. Nothing has been recovered

          from the conscious possession of the petitioner rather recovery

          of arms have been made near the place of occurrence. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. The petitioner is in custody since

          17.09.2025.

                      5. The learned counsel for the informant as well as

          learned Additional Public Prosecutor have vehemently opposed

          the prayer for bail of the petitioner on the ground that petitioner

          carries six criminal antecedents other than the present one but
Patna High Court CR. MISC. No.83313 of 2025(3) dt.19-01-2026
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          fairly submits that the petitioner is on bail in all the pending

          cases.

                       6. Considering the aforesaid facts and circumstances,

          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,

          Shahpur Patori, Samastipur in connection with Shahpur Patori

          P.S. Case No. 133 of 2025, subject to the following conditions:-

                       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
            Patna High Court CR. MISC. No.83313 of 2025(3) dt.19-01-2026
                                                        4/4




                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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