Patna High Court
Pintu Kumar @ Bhutta @ Guha @ Bhuddha @ Pintu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 191(2), 329(3)
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
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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
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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
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