← Library
Patna High CourtCR. MISC./90773/2025bail granted

Shankar Kumar v. The State Of Bihar

2026-02-11Mr. Justice Sourendra Pandey4 pages

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 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

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

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

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