Patna High Court
Mahmud AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner, subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Mahmud Alam, a scrap‑shop owner, feared arrest in a case registered under Sections 317(4), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita for allegedly keeping stolen Scorpio vehicles with fake registration plates. The prosecution alleged the vehicles were stolen and stored by the petitioner, while the petitioner contended they were not stolen, no FIR for theft existed, and he had no criminal antecedent. He offered cooperation with the investigation. The State opposed his bail application. The court, after considering the clean antecedent and lack of concrete evidence, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite allegations under the Bharatiya Nyaya Sanhita.
- Whether the absence of a theft FIR and the petitioner's clean antecedent justify bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita applies to the bail order.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 317(4), 318(4), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- theft
- vehicle registration fraud
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16582 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Mahmud Alam S/O Mainuddin Ansari Resident of village- Madhubani, P.S.-
Sahebganj, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 24-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 317(4), 318(4), 338, 336(3) and
340(2) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the petitioner is
alleged to have kept the stolen Scorpio vehicles in his scrap
shop with fake registration number plates.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to ulterior motive.
Further submission is that the recovered Scorpio vehicles are not
stolen property and someone has changed the registration
number plates of the vehicles in the night and the petitioner was
Patna High Court CR. MISC. No.16582 of 2026(4) dt.24-06-2026
2/2
implicated in the present case. There is no F.I.R. for any theft of
the vehicles in question. There is no allegation that the vehicles
in question were used for any crime. Petitioner is only doing the
business of scrap shop. Petitioner has got no criminal antecedent
and he undertakes to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties and
clean antecedent of the petitioner, let the above named petitioner
be released on bail, in the event of arrest or surrender before the
learned court below within a period of six weeks from today, 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-I, Muzaffarpur West in connection
with Sahebganj P.S. Case No. 88 of 2025, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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