Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner on condition of a Rs10,000 bond with two sureties.
Summary
Mukesh Kumar was arrested on charges of cheating an informant by allegedly selling the informant's tractor, invoking multiple sections of the B.N.S. The petitioner contended that he is the registered owner of the tractor, provided ownership documents, and had listed the vehicle for sale on OLX while continuing to service its loan. He argued that the complaint was filed without verification of signatures or examination of payment mode, and he has no prior criminal record. The State opposed bail, but the court noted the documentary evidence of ownership and the lack of antecedents. Consequently, the court ordered that bail be granted upon furnishing a bond of Rs10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 318(4), 316(2), 338, 336(3), 340(2), 217, 248, 61(2) and 3(5) of the B.N.S.
- Whether the petitioner’s claim of ownership and lack of verification of alleged documents warrant bail.
Legislation cited
- B.N.S. — s. 217, 248, 316(2), 318(4), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- bail
- cheating
- false allegation
- ownership
- tractor
- B.N.S.
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84499 of 2025
Arising Out of PS. Case No.-199 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Mukesh Kumar Son of Rajeshwar Sah R/o Village - Yusufpur, P.S. - Lalganj,
Distt. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Bela Singh, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 318 (4), 316 (2), 338, 336 (3), 340
(2), 217, 248, 61 (2) and 3 (5) of B.N.S.
3. As per the prosecution case, petitioner in connivance
with the co-accused persons are alleged to have cheated the
informant by selling the tractor of the informant.
4. Learned counsel for the petitioner submits that the
petitioner has been implicated with the false allegation of selling the
tractor of the informant by impersonation. As a matter of act, the
petitioner is the registered owner of the said tractor and the document
has also been annexed as Annexure-2 and subsequently he put the
said tractor on OLX for sale and he is still paying the EMI for the
loan which was taken for purchasing the said tractor and the bank
Patna High Court CR. MISC. No.84499 of 2025(3) dt.20-02-2026
2/2
statement with regard to the same has also been brought on record by
way of supplementary affidavit. The present case has been filed
without any verification of signature made on the alleged document
and also without examining the mode of payment. The petitioner is in
custody since 13.10.2025 with no criminal antecedent and charge
sheet has been submitted.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that there are documents on
record showing the ownership of the tractor with the petitioner, the
above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor Court in connection
with Lalganj P.S. Case No. 199 of 2025.
(Soni Shrivastava, J)
vashudha/-
U T
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