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Patna High Court

Pappu Kumar @ Pappu Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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