Patna High Court
Sintu Kumar @ Santu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the bail application, directing the petitioner to be released on bail with a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Sintu Kumar, was arrested after a raid on his house yielded a country-made pistol and a live cartridge, leading to charges under Sections 26 and 25(1‑b)(a) of the Arms Act. He filed an application for regular bail, claiming he was falsely implicated, that no contraband was found in his possession, and that the procedural requirements of Section 103 of the Bihar Narcotic Substances Act were not complied with. The State opposed the bail, citing the seriousness of the firearm offence and the petitioner’s prior criminal record, noting he had been in custody since 15‑Oct‑2025. After considering the submissions and the circumstances, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount. The bail application was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Arms Act
- Whether the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances Act warrants denial of bail
- Whether the petitioner’s prior criminal antecedent and period of custody affect the bail decision
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Bihar Narcotic Substances Act — s. 103
Subjects
- regular bail
- Arms Act
- firearm possession
- procedural lapse
- criminal antecedent
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9935 of 2026
Arising Out of PS. Case No.-529 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Sintu Kumar @ Santu Kumar S/o Raj Dev Rai R/o Village - Dadaur, P.S-
Bakhtiyarpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Bihari Singh, Adv
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 28-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bakhtiyarpur P.S. Case
No. 529 of 2025 registered for the offences punishable under
Sections 26,25(1-b)a of the Arms Act.
3. As per the prosecution case, it has been alleged that
house of this petitioner was raided in connection of his arrest in
Salimpur P.S. Case No. 271/2025, petitioner was arrested from
terrace of the house and, upon his disclosure, a country made
pistol and one live cartridge was recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. Nothing has been recovered from the conscious
Patna High Court CR. MISC. No.9935 of 2026(4) dt.28-04-2026
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possession of this petitioner. It has further been submitted that
procedures prescribed under Section 103 BNSS has not been
followed. It has lastly been submitted that the petitioner has one
criminal antecedent and is in custody since 15.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Bakhtiyarpur P.S. Case No. 529 of
2025
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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