Patna High Court
Sintu Kumar @ Sittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sintu Kumar, was arrested on 13 February 2025 in connection with a FIR dated 25 December 2024 alleging offences under Sections 132 and 109(1) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑B)(a), 26, 35 and 27 of the Arms Act. The prosecution’s case is based solely on the identification made by a co‑accused who was apprehended, with no material recovered from the petitioner’s possession. The petitioner contended that the allegations are fabricated and that there is no substantive evidence linking him to the crime. The State opposed bail, highlighting six prior criminal antecedents, though the petitioner was already on bail in one case and the others were pending. The Court, considering the lack of direct evidence and the circumstances of the identification, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of trial cooperation, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- What is the appropriate bail disposition when the accusation rests solely on a co‑accused’s disclosure and no material has been recovered from the petitioner?
- Do the petitioner’s prior criminal antecedents justify denial of bail in the present case?
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 132
Subjects
- bail
- criminal antecedents
- Arms Act
- Bihar Narcotic Substances Act
- co‑accused identification
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90781 of 2025
Arising Out of PS. Case No.-331 Year-2024 Thana- CHAUSA District- Madhepura
======================================================
Sintu Kumar @ Sittu Kumar S/o- Sri Deepnarayan Yadav Resident of village-
Rasulpur Dhuriya Ward No 11 PS- Chousa Distt- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Sanjiv Kumar, learned counsel for the
petitioner and Mr. Shailendra Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.02.2025 in connection with Chousa P.S. Case No. 331 of
2024, F.I.R. dated 25.12.2024 for the offences punishable under
Sections 132, 109(1) of the BNS, 2023 and Section 25(1-B)(a),
26, 35 and 27 of the Arms Act.
3. According to prosecution case, police got
information that the accused persons who were also made
accused in Chousa P.S. Case No. 233 of 2023 in a crime of
murder were hiding in the house of co-accused, Rupesh Yadav
and Rahul Yadav and when the police reached there, then all the
accused persons including this petitioner got successful in
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escaping from there except one Rahul Kumar who disclosed the
name of the petitioner.
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. and his name has been transpired on the
basis of the disclosure made by the apprehended co-accused,
namely, Rahul Kumar and recovery has been made from the co-
accused, Rahul Kumar and Rupesh Yadav. As per the allegation
in the F.I.R the petitioner escaped from the place of occurrence.
Except the aforesaid no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 13.02.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries six criminal antecedents other than
the present one but fairly submits that the petitioner is on bail in
one case and rest cases are pending for consideration before the
competent court of law.
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6. Considering the aforesaid facts and circumstances
that the name of the petitioner has been transpired on the
disclosure made by the apprehended co-accused person, nothing
has been recovered from the conscious possession of the
petitioner as well as period of custody, 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 District and Additional
Sessions Judge-IX, Madhepura in connection with Chousa P.S.
Case No. 331 of 2024, 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
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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