Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85231 of 2025 Arising Out of PS. Case No.-494 Year-2024 Thana- DHANARUA District- Patna ====================================================== PINTU KUMAR Son of Late Vinod Rai R/O Village - Sultanpur, P.S.- Danapur, District - Patna, Bihar.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kant Kumar, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 310 (4), 310 (5), 111 (2) (b) of the BNS and Sections 25 (1-B) (a), 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner one loaded country made pistol, cash of Rs. 9800/-, mobile phone and a live cartridge were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the petitioner has been implicated in this case on the basis of his

Patna High Court CR. MISC. No.85231 of 2025(2) dt.05-02-2026 2/2 previous criminal antecedents. Nothing has been recovered from the conscious possession of this petitioner. It is further submitted that the police failed to comply with the mandatory provision of Section 105 of the BNSS while making seizure. Moreover, the petitioner is languishing in judicial custody since 27.08.2024.

5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail stating that the petitioner has 10 criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhanaura P.S. Case No. 494 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Masaurhi, Patna, subject to the condition that the petitioner shall cooperate in the trial and shall mark his attendance at concerned police station weekly, failing which the learned Magistrate will be at liberty to pass appropriate orders. (Ashok Kumar Pandey, J) Jagdish/- U T