Patna High Court
Sintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Sintu Kumar, was arrested on 16 September 2025 in connection with an alleged theft of goods worth Rs. 1.25 crore from Shristi Plastic Udyog, charged under Section 305(a) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case relied on a disclosure by a co-accused, Ganga Kumar, and no material was recovered from the petitioner’s possession. The petitioner argued that he was not named in the FIR, that the only evidence against him was the co-accused’s statement, and that he had no prior convictions, only pending matters for which he was already on bail. The Additional Public Prosecutor opposed bail, citing two prior criminal antecedents, though the petitioner was already on bail in those matters. The court, noting the lack of direct evidence and the petitioner’s non‑involvement in the seizure, granted bail on a Rs. 10,000 bond with two sureties and imposed conditions regarding cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the only allegation arises from a co‑accused’s disclosure.
- Whether prior criminal antecedents justify denial of bail in the present case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 305(a)
Subjects
- bail
- criminal procedure
- Section 305
- Bihar Narcotic Substances Act
- prior criminal antecedent
- FIR
- co‑accused testimony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90840 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Sintu Kumar Son of Ishar Mandal Resident of Nayatola, Mirachak, P.S.-
Industrial Area, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umang, Advocate
Mr. Ashwini Kumar, Advocate
Mr. Priyanka Anand Bhagat, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Umang, learned counsel for the
petitioner and Mr. Rajendra Prasad Nat, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.09.2025 in connection with Industrial Area P.S. Case No. 134
of 2025, F.I.R. dated 12.09.2025 for the offences punishable
under Section 305(a) of the BNS, 2023.
3. According to prosecution case, the informant being
the owner of Shristi Plastic Udyog and Shristi Mustard Oil and
Food Products Pvt. Ltd. found that good worth Rs. 1 crore 25
lakhs have been stolen by some unknown miscreants from his
company with full involvement of the officials and employees
of BIYADA.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.90840 of 2025(2) dt.13-01-2026
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present case. Petitioner is not named in the F.I.R and his name
has been transpired during investigation on the basis of the
disclosure made by the co-accused Ganga Kumar. It appears
from the seizure list that nothing has been recovered from the
conscious possession or the house of the petitioner rather the
recovery has been made from the other accused persons and
except the disclosure made by the apprehended co-accused, no
other 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 16.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries two criminal antecedents other
than the present one but fairly submits that the petitioner is on
bail in both the pending matters.
6. Considering the aforesaid facts and circumstances
that the petitioner is not named in the F.I.R, his name has been
transpired on the basis of disclosure made by the apprehended
co-accused person and nothing has been recovered from his
possession, let the petitioner, above named, be released on bail
Patna High Court CR. MISC. No.90840 of 2025(2) dt.13-01-2026
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on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned ASJ-II, Bhagalpur in connection with Industrial Area
P.S. Case No. 134 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
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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