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Patna High Court

Sintu Kumar @ Santu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         2/2




                       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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