Patna High Court
Ram Das @ Ram Das Sah @ Ramdash SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Ram Das, applied for bail in a case (Dhaka P.S. Case No. 577 of 2025) alleging receipt of stolen bicycles, charged under Sections 336(3), 338, 340(2) and 317(5) of the B.N.S., 2023. The prosecution claimed five bikes recovered from his house were stolen, while the petitioner argued he was falsely implicated, that the seizure violated Section 105 of the B.N.S., and that the only charge was receipt of stolen property, which is triable by a magistrate. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner to be released on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the S.D.J.M. The bail was granted despite the alleged seizure irregularities and prior record.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under the B.N.S., 2023.
- Whether the police seizure complied with Section 105 of the B.N.S., 2023.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Legislation cited
- B.N.S., 2023 — s. 105, 317(5), 336(3), 338, 340(2)
Subjects
- bail
- seizure
- Section 105
- criminal antecedent
- stolen property
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12581 of 2026
Arising Out of PS. Case No.-577 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Ram Das @ Ram Das Sah @ Ramdash Sah S/o Bahalu Das Residetn of
Village- Yadopur Nankar, P.S.- Dhaka, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Dhandev Kumar, Advocate
Ms. Isha Mishra, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dhaka P.S. Case No. 577 of 2025 registered for the offence
punishable under Sections 336(3), 338, 340(2), 317(5) of the
B.N.S., 2023.
3. The case of the prosecution, in short, is that five
bikes were recovered from the house of this petitioner. The
prosecution alleges that these bikes are stolen.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the seizure list, it will
Patna High Court CR. MISC. No.12581 of 2026(2) dt.09-03-2026
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transpire that the witnesses of the seizure list are police
personnel and the police have not complied with Section 105 of
the BNSS while making the seizure. He further submits that in
any view of the matter, the only allegation against the petitioner
is that of receiving the stolen property, which is triable by the
magistrate. Moreover, the petitioner is languishing in judicial
custody since 14.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has got one criminal
antecedent.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M., Dhaka, East Champaran, Motihari in connection with
Dhaka P.S. Case No. 577 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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