Patna High Court

Md. Suhail Hussain @ Md. Sohail Hussain @ Sauhel HussainversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Md. Suhail Hussain, was arrested in connection with a theft of a Honda Activa scooter based on the statement of a co‑accused, Gopal Yadav, who failed to produce any documents. No incriminating article was recovered from the petitioner’s possession, and the FIR is the sole basis of the allegation. The petitioner had been in custody since 13‑Oct‑2025 and a chargesheet had already been filed. He applied for regular bail under sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, claiming false implication. The State opposed the bail, but the Court, after considering the lack of material evidence and the prolonged pre‑trial detention, ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted when the only evidence is a co‑accused’s statement and no incriminating article has been recovered.
Whether the prolonged pre‑trial custody and filing of the chargesheet justify bail under sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)

Subjects

regular bail
theft
co‑accused statement
chargesheet
Bharatiya Nyaya Sanhita
pre‑trial detention
no incriminating article

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12405 of 2026
                      Arising Out of PS. Case No.-1083 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Md. Suhail Hussain @ Md. Sohail Hussain @ Sauhel Hussain S/o Ashiq
                 Hussain @ Ashiq Hussain @ Asik Husain R/o Mohalla - Ghasiyari Gali, P.S.-
                 Alamganj, Dist.- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Alamganj P.S. Case no.

                   1083 of 2025 registered under sections 317(5) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, co-accused Sukku @

                   Gopal Yadav was arrested with a Honda Activa Scooty for

                   which on enquiry he did not produce any documents. The

                   informant further states that he further disclosed that he along

                   with his friend i.e. the petitioner herein had stolen the vehicle in

                   question. It is further stated that as informed by the said Gopal

                   Yadav, the informant reached the house of the petitioner,

                   conducted a raid and arrested the petitioner.
           Patna High Court CR. MISC. No.12405 of 2026(2) dt.26-02-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that the

                     petitioner has been falsely implicated in the case because of his

                     antecedents. From perusal of the FIR itself, it would transpire that no

                     incriminating article has been recovered from his possession and the

                     only material against him is the statement of a co-accused made

                     before police. The petitioner is in custody since 13.10.2025 and

                     chargesheet has been submitted in the case.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the FIR, no incriminating article having been recovered from his

                     possession, the petitioner being in custody for four months since

                     13.10.2025 and chargesheet having been submitted in the case,

                     the Court directs the petitioner to be enlarged on bail in connection

                     with Alamganj P.S. Case no. 1083 of 2025 on furnishing bail bond of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Additional Chief

                     Judicial Magistrate-VI, Patna City, Patna.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

Continue reading with your account

Checking your session…