Patna High Court
Pappu Kumar Thakur @ Pappu ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 386, 387
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
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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
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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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