Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Pappu Kumar, applied for anticipatory bail fearing arrest in a case under Sections 317(5), 318(4), 336(2), 338, 336(3) and 347(1) of the Bharatiya Nagrik Suraksha Sanhita (BNSS). He is alleged to have fraudulently sold a motorcycle to the informant’s husband by claiming ownership, while the vehicle remained at his residence. The petitioner contended he is innocent, that the FIR was lodged by the wife rather than the buyer, and that there is no documentary evidence of the sale. The State opposed bail. After hearing both sides, the Court, considering the circumstances, ordered that the petitioner be granted anticipatory bail subject to surrender within four weeks, a bond of Rs.10,000 with two sureties, and compliance with conditions under Section 482 of the BNSS. The order directs surrender to the Judicial Magistrate, 1st Class, West Champaran.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS in view of the alleged fraud and the offences charged.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 317(5), 318(4), 336(2), 336(3), 338, 347(1), 482
Subjects
- anticipatory bail
- fraud
- motorcycle sale
- Bharatiya Nagrik Suraksha Sanhita
- criminal procedure
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89625 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Pappu Kumar S/O Uday Narayan Singh R/O Village- Siswa Maldahiya, P.S-
Paharpur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raki Alam
For the Opposite Party/s : Mr.Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in a case
instituted for the offence punishable under Sections 317(5),
318(4), 336(2), 338, 336(3), 347(1) of the BNS.
3. The allegation against the petitioner is that he
fraudulently sold a motorcycle to the informant’s husband.
As per the FIR, the petitioner sold the said motorcycle to
the informant’s husband by representing himself as the
lawful owner, claiming that he had purchased the vehicle
from one Sheikh Fakre Alam. It is further alleged that,
subsequently, when an OTP was sought from Sheikh Fakre
Patna High Court CR. MISC. No.89625 of 2025(2) dt.06-01-2026
2/3
Alam for filing the challan, he disclosed that the motorcycle
was still lying at his residence. Thereupon, the informant’s
husband realized that the petitioner had committed fraud
while selling the vehicle to him.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has
committed no offence. It is further submitted that the
informant’s husband, who allegedly purchased the
motorcycle, has not lodged the FIR; rather, the present FIR
has been instituted by his wife. Moreover, the alleged date
of purchase of the motorcycle has not been mentioned in the
FIR. There is also no documentary evidence whatsoever to
show that the petitioner sold the motorcycle to the
informant’s husband. A statement has been made in
paragraph 3 of the petition that the petitioner has no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer of bail.
6. Having heard learned counsel for the parties
and in the facts and circumstances of the case as stated
above, this Court is inclined to enlarge the petitioner on
Patna High Court CR. MISC. No.89625 of 2025(2) dt.06-01-2026
3/3
bail. The petitioner is directed to surrender in the Court
below within a period of four weeks from the date of
receipt/production of this order and in the event of his arrest
or surrender in connection with Jagdishpur P.S. Case no.
174 of 2025, he will be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees ten thousand) with two
sureties of the like amount each to the satisfaction of
learned Judicial magistrate, 1st Class, West Champaran,
Bettiah, subject to the conditions as laid down under section
482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).
(S. B. Pd. Singh, J)
Khushbu/-
U T
Checking your session…