Patna High Court
Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
2/4
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
3/4
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
4/4
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
Checking your session…