Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to the conditions of Section 480(3) of the B.N.S.S.
Summary
The petitioner, Sintu Kumar, was arrested in connection with a case alleging his involvement in a staged disappearance of an informant's husband. The prosecution alleged that he harbored the missing husband, while the petitioner claimed he was falsely implicated and merely provided shelter without knowledge of the crime. The petitioner’s counsel argued that the confessional statement was made under pressure, the victim made no accusations, and the petitioner has a clean antecedent with a chargesheet already filed. The State opposed bail, but the court considered the possibility of false accusation, the petitioner’s clean record, and the length of custody. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other stipulated terms.
Issues considered
- Whether the petitioner is entitled to bail despite allegations under Sections 137(2), 140(3), 3(5), 248A, 318(4) and 61(2) of the B.N.S., 2023.
- Whether the possibility of false accusation and the petitioner’s clean antecedent justify bail.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.
Legislation cited
- Bihar Negotiable Instruments Act — s. 137(2), 140(3), 248A, 318(4), 3(5), 61(2)
Subjects
- bail
- false implication
- confessional statement under pressure
- clean antecedent
- Section 480(3)
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90534 of 2025
Arising Out of PS. Case No.-252 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
Sintu Kumar S/o Late Mundrika Yadav, R/o Village - Chaura, P.S - Jamui,
District - Jamui.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Advocate
For the State : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 23-02-2026 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 Halsi P.S. Case No. 252 of 2025 dated
12.10.2025, registered for the offences punishable under
Sections 137(2), 140(3), 3(5), 248A, 318(4) and 61(2) of the
B.N.S., 2023.
3. As per the prosecution case, the husband of the
informant went missing and subsequently, it came to knowledge
that it was stage-managed by the informant and her husband and
the petitioner helped them in their wrongful act by keeping the
husband of the informant at his house.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case and there is no material against the petitioner.
Patna High Court CR. MISC. No.90534 of 2025(3) dt.23-02-2026
2/3
The name of the petitioner transpired in this case on the basis of
confessional statement of the petitioner, but the same was
recorded under pressure. In fact, the petitioner had no
knowledge about the whole occurrence and in an innocent
manner, the petitioner had given shelter to the husband of the
informant, Umesh Yadav, in his house. Even the victim has not
said anything against this petitioner. Learned counsel further
submits that in fact, the informant filed the case with a view to
falsely implicate her agnate and to send them to jail. 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 13.10.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and possibility of false accusation along
with the period of custody of the petitioner, his clean antecedent
and submission of chargesheet against him, 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
Patna High Court CR. MISC. No.90534 of 2025(3) dt.23-02-2026
3/3
learned Judicial Magistrate 1st Class, Lakhisarai / concerned
Court, in connection with Halsi P.S. Case No. 252 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.
(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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