Patna High Court
PintuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, subject to conditions under Section 480(3) of the B.N.S.S.
Summary
Pintu was arrested in connection with a special drive that uncovered two Bihar Police Constable recruitment admit cards and related electronic equipment, leading to charges under multiple sections of the B.N.S., 2023. The prosecution alleged that he was part of a gang managing fraudulent recruitment examinations, while the petitioner contended that the seized items were his personal belongings and that no forged documents or stolen property were involved. He further claimed that his confession was obtained through third‑degree methods and highlighted his clean antecedent and the fact that a co‑accused had already been granted bail. The State opposed bail, pointing to the refusal of bail to another co‑accused in a related case. The Court considered the vague nature of the allegations, the petitioner’s clean record, the length of his custody, and the submission of the charge‑sheet. It ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. and attendance requirements. The order effectively disposed of the bail petition in the petitioner’s favour.
Issues considered
- Whether bail should be granted to the petitioner despite charges under multiple sections of the B.N.S., 2023.
- Whether the alleged third‑degree methods of obtaining a confession affect the bail decision.
- Whether the petitioner’s clean antecedent and the nature of the seized items warrant bail.
Legislation cited
- B.N.S., 2023 — s. 111(3), 111(4), 111(5), 111(6), 111(7), 318(2), 319(2), 336(3), 338, 340, 3(5), 61(2)(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- criminal procedure
- third degree confession
- clean antecedent
- examination fraud
- B.N.S. 2023
- B.N.S.S. 2023
- section 480(3)
- admit cards seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84346 of 2025
Arising Out of PS. Case No.-596 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Pintu Son of Late Nawal Kishore Prasad, Resident of Sushma Nawal Kunj,
N.T.P.C. Colony, P.S.- Ram Krishna Nagar, District- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Roshan Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Ram Krishna Nagar P.S. Case No. 596 of 2025
dated 18.07.2025, registered for the offences punishable under
Sections 318(2), 319(2), 336(3), 338, 340, 61(2)(a), 3(5),
111(3), 111(4), 111(5), 111(6) and 111(7) of the B.N.S., 2023.
3. As per the prosecution case, during a special
drive, one bike rider was apprehended and from his possession,
two admit cards of Bihar Police Constable Recruitment
Examination were recovered. On further investigation the police
came to know about other co-accused person, namely Prem
Prakash Patel and upon search of the premises of the co-
accused and the petitioner, a number of documents including
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several admit cards and electronic equipments related to Bihar
Police Constable Recruitment Examination were recovered. The
name of the petitioner transpired during investigation for also
being involved in running the gang, which used to manage
examination for recruitment on different posts.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The articles seized form the
petitioner do not contain any forged or fabricated documents or
any stolen property, in fact all the articles seized from the
petitioner are his personal belongings. No material was found on
the mobile phone of the petitioner to implicate him with the
alleged offence. The police extracted the confession from the
petitioner using third degree methods. A similar co-accused
Abhishek Kumar Singh @ Abhishek Kumar has been granted
bail by a learned co-ordinate Bench of this Court vide order
dated 06.01.2026 passed in Cr. Misc. No. 85363 of 2025.
Learned counsel next submits that petitioner is having clean
antecedent and chargesheet has been submitted. Learned
counsel lastly submits that petitioner is in custody since
27.07.2025.
5. Learned A.P.P. appearing on behalf of the State
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opposes the submissions made on behalf of the petitioner and
submits that a co-accused, namely Prem Prakash Patel has been
refused bail by another learned co-ordinate Bench of this Court
vide order dated 03.12.2025 passed in Cr. Misc. No. 83502 of
2025.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague nature of allegation and also taking into account
petitioner’s clean antecedent, his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate 1st Class, Patna / concerned Court, in connection
with Ram Krishna Nagar P.S. Case No. 596 of 2025, subject
to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
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(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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