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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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