Patna High Court
Pintu Kumar @ Pintu Ray @ Palta RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
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
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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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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