Created by Fuzzy Cloud

Patna High Court

Pintu Kumar @ Bhutta @ Guha @ Bhuddha @ Pintu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Pintu Kumar, was arrested in connection with a case alleging assault and use of firearms against an informant and his brother, under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with co‑accused, entered the informant's house armed, assaulted the informant, and that co‑accused Amarjeet Kumar fired at the informant's brother. The petitioner contended he was falsely implicated, that no incriminating material was found on him, and that specific allegations of firing and slapping pertained only to the co‑accused. Despite having seven prior criminal antecedents and being in custody since 26‑11‑2025, the court considered the circumstances and the period of custody. The court inclined to grant bail, ordering release upon framing of charge, a bail bond of Rs 15,000 with two sureties, and conditions regarding family surety and appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the mere suspicion and lack of incriminating material against the petitioner justify denial of bail.
  • Whether the involvement of co‑accused in the alleged violent acts affects the petitioner's eligibility for bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • charges
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91727 of 2025
                    Arising Out of PS. Case No.-3 Year-2025 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Pintu Kumar @ Bhutta @ Guha @ Bhuddha @ Pintu Singh Son of Late
                 Dinesh Singh Resident of village - Rampur, P.S.- Surajgarha, District -
                 Lakhisarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Khushi Awadh, Advocate
                 For the Opposite Party/s :       Mrs. Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   20-01-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Surajgarha P.S. Case No. 03 of 2025, instituted for the offences

                   punishable under Sections 191(2), 126(2), 115(2), 329(3),

                   109(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of

                   the Arms Act.

                                3. The prosecution case, in short, is that the petitioner

                   along with other co-accused persons went to the house of the

                   informant armed with deadly weapons and firearms and also

                   assaulted the informant and his brother. It is further alleged that

                   co-accused, namely, Amarjeet Kumar fired upon brother of the

                   informant due to which he sustained firearm injury on his right
Patna High Court CR. MISC. No.91727 of 2025(2) dt.20-01-2026
                                            2/3




          leg and co-accused, namely, Dhiraj Kumar slapped the

          informant and threatened him of dire consequences.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submits that the petitioner has been arrested

          only on the basis of suspicion. No specific allegation has been

          attributed against the petitioner rather the same is general and

          omnibus in nature. It is further submitted that specific allegation

          of firing and slapping is against co-accused, namely, Amarjeet

          Kumar and co-accused, namely, Dhiraj Kumar. The petitioner is

          in custody since 26.11.2025 and has got seven criminal

          antecedents.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of
             Patna High Court CR. MISC. No.91727 of 2025(2) dt.20-01-2026
                                                         3/3




                       Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

                       like amount each to the satisfaction of Court below/concerned

                       Court in connection with Surajgarha P.S. Case No. 03 of 2025,

                       subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.