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Patna High Court

Shankar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, subject to strict conditions.

Summary

Shankar Kumar was arrested in connection with a tractor sale fraud alleged under multiple sections of the B.N.S., including offences relating to forgery, cheating and conspiracy. The prosecution alleged that the petitioner conspired with Mukesh Kumar to sell a tractor by falsifying its registration number, and that the tractor was later seized by police. The petitioner contended that he was falsely implicated, that the allegations were vague, and that he was being used to coerce him into supporting the illegal sale. He sought bail, despite having three prior criminal antecedents and being in custody since 1 November 2025. The High Court, after hearing both sides, granted bail on the condition of a Rs.10,000 bond with two sureties, personal appearance at each trial date, regular reporting to the Superintendent of Police, and provisions for cancellation if conditions were breached.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents

Legislation cited

  • B.N.S. — s. 217, 248, 316(2), 318(4), 336(3), 338, 340(2), 3(5), 61(2)

Subjects

  • bail
  • criminal procedure
  • conspiracy
  • fraud
  • tractor sale
  • criminal antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90773 of 2025
                      Arising Out of PS. Case No.-199 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Shankar Kumar Son of Ramanand Singh @ Chhotelal Singh Resident of
                 Village- Pyarepur, P.S.- Baligaon, District- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vasant Vikas, Adv.
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   11-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with Lalganj

                   P.S. Case No. 199 of 2025 dated 03.05.2025 registered for the

                   offences punishable under Sections 318(4), 316(2), 338, 336(3),

                   340(2), 217, 248, 61(2) and 3(5) of the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that one Mukesh Kumar had sold the tractor to him by

                   changing registration number of the same. It is further alleged

                   that after payment of Rs. 5,00,000/-, no dues certificate and the

                   tractor was delivered to the informant and later the police

                   official came and they took away the tractor stating that the

                   aforesaid tractor was sold by Mukesh Kumar to one Shankar

                   Kumar (petitioner) and for which Mukesh Kumar had filed
Patna High Court CR. MISC. No.90773 of 2025(4) dt.11-02-2026
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          another case being Lalganj P. S. Case No. 331/2024. It is further

          alleged that the said Mukesh Kumar and others including the

          petitioner conspired in selling the tractor to the informant of the

          present case.

                       4. Learned counsel for the petitioner submits that the

          petitioner has falsely implicated and from perusal of the F.I.R. it

          would be evident that the petitioner was present during the

          execution of sale deed by Mukesh Kumar in favour of the

          informant. It has further been submitted that the allegation

          levelled against the petitioner are vague and omnibus and he has

          merely been made an accused in order to coerce the petitioner to

          support him for the illegal sale made by Mukesh Kumar in

          favour of the informant. It has lastly been submitted that the

          petitioner has three criminal antecedents and he is in custody

          since 01.11.2025.

                       5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioner.

                       6. Considering the facts and circumstances of the

          case, the petitioner is directed to be released on bail on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Court below where the case is pending/successor court
Patna High Court CR. MISC. No.90773 of 2025(4) dt.11-02-2026
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          in connection with Lalganj P.S. Case No. 199 of 2025, subject to

          the following terms and conditions :-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                        (iv) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the

          above mentioned order shall not be delayed for purpose of or in

          the name of verification.

                        (v) In view of the antecedents of the petitioner, the

          petitioner is directed to appear before the Superintendent of Police,

          Vaishali at Hajipur within fifteen (15) days of his release with a

          copy of this order and every two weeks thereafter for the next nine

          months. The conduct of the petitioner will be kept under watch in

          this period by the concerned Superintendent of Police and if it is
           Patna High Court CR. MISC. No.90773 of 2025(4) dt.11-02-2026
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                     found wanting in any respect, a report shall be made to the Court

                     concerned by him to initiate a proceeding for cancellation of bail

                     of the petitioner for reasons of misuse of bail. After reporting to

                     the Superintendent of Police, a certificate will be filed by the

                     petitioner before the Court concerned.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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