Patna High Court
Pappu Kumar @ Pappu Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Pappu Kumar, was implicated in a case alleging purchase of a stolen motorcycle, with charges under Sections 356, 379 and later 411 of the Indian Penal Code. The prosecution’s case relied primarily on the confessional statement of a co-accused, while no stolen article was found in the petitioner’s possession and the motorcycle was recovered from a public place. The petitioner argued innocence, lack of prior similar offences, and that the evidence was insufficient to justify arrest. The State opposed the bail application. The Court, considering the nature of the accusations and the circumstances, granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case where the primary evidence is a co-accused's confessional statement.
- Whether the allegations under Sections 356, 379 and 411 IPC justify denial of bail.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 356, 379, 411
Subjects
- anticipatory bail
- theft
- stolen property
- confessional statement
- IPC
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5595 of 2026
Arising Out of PS. Case No.-257 Year-2020 Thana- DALSINGHSARAI District- Samastipur
======================================================
Pappu Kumar @ Pappu Kumar Rai Parikshan Rai @ Parichhan Rai R/O Vill.-
Kancha, P.s- Ghataho, District- Samstipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 356, 379 of the Indian
Penal Code to which Section 411 IPC was added later on.
3. Prosecution case, in brief, is that on 02.12.2024
06.09.2020, motorcycle of the petitioner was stolen by three
unknown miscreants and this petitioner is alleged to have
purchased the aforesaid stolen motorcycle.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case merely on the basis of
confessional statement of co-accused Abhishek Kumar Jha. No
looted article has been recovered from conscious possession of
the petitioner. As a matter of fact, alleged stolen motorcycle was
Patna High Court CR. MISC. No.5595 of 2026(2) dt.04-02-2026
2/2
recovered from public place near pond. Petitioner has got no
criminal antecedents of similar nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and other facts and circumstances of the case, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Additional Chief Judicial Magistrate- 1 st,
Dalsinghsarai, Samastipur in connection with Dalsinghsarai P.
S. Case No. 257 of 2020, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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