Pappu Kumar v. The State Of Bihar

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.SPaharpur, 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 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