Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sintu Kumar, was charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act for the alleged killing of a deceased person. An earlier bail application was rejected without examining the case diary. Upon review, the diary indicated that another individual, Abhishek (alias Tiger), was the actual assailant and the petitioner had no participation. The petitioner, who has been in custody since 2 December 2024 and has one prior criminal antecedent, claimed false implication and offered to cooperate with the trial. Despite opposition from the State and the informant, the court allowed the regular bail application, directing release on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences and a prior criminal antecedent
- Whether the evidence, particularly the case diary, establishes that the petitioner had no participation in the alleged killing
- Whether the earlier rejection of bail without examining the diary was procedurally infirm
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- false implication
- narcotic offences
- arms act
- criminal procedure
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85002 of 2025
Arising Out of PS. Case No.-865 Year-2024 Thana- FATUA District- Patna
======================================================
Sintu Kumar S/o Shravan Kumar R/o Village - Surangpur, P.S - Fatuha,
District - Patna At present R/o Village - Shisha Mill, Fatwah, P.S - Fatwah,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.P.N. Shahi, Sr. Advocate
Mr.Sonu Kumar, Advocate
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Fatuha P.S. Case No. 865 of 2024
registered for the offence under Sections 103(1), 3(5) of B.N.S.
and Section 27 of Arms Act.
3. As per the prosecution case, deceased is alleged to
have been killed by the accused persons.
4. Earlier the bail application of the petitioner was
rejected vide order dated 30.04.2025 passed in Cr. Misc. No.
23938 of 2025, without examining the case diary and in this
attempt, the case diary was called for and from the statement of
Amit Kumar, it appears that Abhishek @ Tiger is the assailant of
the deceased and no participation of the petitioner has been
Patna High Court CR. MISC. No.85002 of 2025(3) dt.05-05-2026
2/2
alleged.
5. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Petitioner is in custody since 02.12.2024 and has one criminal
antecedent. The petitioner undertakes to co-operate in the case/
trial.
6. Learned APP for the State as well as learned
counsel for the informant have jointly opposed the prayer for
regular bail of the petitioner.
7. Considering the aforesaid facts, this application for
regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-III, Patna City, Patna /concerned Court below in
connection with Fatuha P.S. Case No. 865 of 2024.
(Sandeep Kumar, J)
tusharika/-
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