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Patna High Court

Pappu Kumar Thakur @ Pappu ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Pappu Kumar Thakur, applied for anticipatory bail in connection with a 2019 extortion case (Sections 386/387 IPC) where his name appeared only through a co‑accused’s confession and not in the FIR. He argued that the police had taken no action for seven years despite the confession, and that he has a clean antecedent. The State opposed the bail. Relying on the precedent set in Gursewak Singh v. State of Punjab (SLA 2025) and noting the petitioner’s clean record, the Court exercised its discretion under Section 438(2) CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail subject to a bail bond of Rs 10,000 and two sureties. The order directs that if arrested or surrendered within four weeks, the petitioner be released on bail under the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is implicated only through a co‑accused’s confession and not named in the FIR
  • Whether the prolonged police inaction justifies the exercise of discretion under Section 438 CrPC and Section 482 B.N.S. 2023

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • Indian Penal Code
  • clean antecedent
  • police inaction
  • discretionary power
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33980 of 2026
                        Arising Out of PS. Case No.-80 Year-2019 Thana- PANAPUR District- Saran
                 ======================================================
                 Pappu Kumar Thakur @ Pappu Thakur S/o Chandan Thakur R/o Village -
                 Prithwipur, P.S - Panapur, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeet Kumar Singh
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   21-05-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State .

                                   2. Petitioner apprehends his arrest in connection

                   with Panapur P.S. Case No. 80 of 2019 registered for the offence

                   punishable under Sections 386/387 of the Indian Penal Code.

                                   3. Learned counsel for the petitioner submits that

                   the mobile which has been referred in the F.I.R. from which the

                   extortion is said to have been made that has no connection with

                   the petitioner and petitioner has clean antecedent. It is alleged

                   that the petitioner is not named in the F.I.R., the petitioner’s

                   name has come only on the basis of confessional statement of

                   co-accused while there is no record of any criminality from the

                   house of this petitioner. It is next submitted that the petitioner

                   has clean antecedent and the case is of the year 2019 and for the
Patna High Court CR. MISC. No.33980 of 2026(2) dt.21-05-2026
                                            2/3




          last seven years, the police has not made any effort to nab this

          person on the basis of the confession made by the co-accused

          and very recently the police arrived the house of the petitioner

          giving cause to him to take recourse of filing Anticipatory bail

          application. Learned counsel for the petitioner, by referring to

          the judgment rendered in the case of Gursewak Singh v. The

          State of Punjab, Petition for Special Leave to Appeal (Crl.)

          No.11234/2025, submits that if prosecution, despite there being

          specific allegation, has never took any process to nab the

          accused in the span of four years, hence, in such event, the

          accused may not be required to be arrested by the prosecution

          and on this premise, the Hon’ble High Court can exercise its

          discretionary powers.

                          4. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                          5. Considering the facts and in view of the

          judgment referred by the learned counsel for the petitioner and

          petitioner is a man of clean antecedent, this court is inclined to

          grant privilege of anticipatory bail to the petitioner.

                          6. Let the petitioner, as named above, in the event

          of his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
           Patna High Court CR. MISC. No.33980 of 2026(2) dt.21-05-2026
                                                       3/3




                     Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Additional Chief Judicial Magistrate

                     1, Saran at Chapra, in connection with Panapur P.S. Case No. 80

                     of 2019, subject to the conditions laid down under section

                     438(2) of the Code of Criminal Procedure/Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023



                                                                          (Ajit Kumar, J)
Sanjeev/-vikram

U      T


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