Patna High Court
NasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner on condition of a Rs 10,000 bond with two sureties.
Summary
The petitioner, Nasim, applied for regular bail in a case registered under sections 317(2), 317(4), 317(5) and 3(5) of the Bhartiya Nyay Sanhita, 2023, alleging false implication in a stolen‑motorcycle offence. The prosecution alleged that he was found with a stolen motorcycle and could not produce purchase documents, while the defence argued lack of incriminating material, no prior criminal record and that he had been in custody since 17‑Aug‑2025 with a chargesheet already filed. The court considered the length of pre‑trial detention (over seven months) and the fact that a chargesheet was filed. Weighing these factors, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Purnea. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 317(2), 317(4), 317(5) and 3(5) of the Bhartiya Nyay Sanhita, 2023 given the circumstances of custody and chargesheet.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 317(2), 317(4), 317(5), 3(5)
Subjects
- bail
- criminal procedure
- Bhartiya Nyay Sanhita
- false implication
- chargesheet
- pre‑trial detention
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17878 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- RAUTA District- Purnia
======================================================
Nasim S/O Md Hanif @ Hanif R/O Vill.- Simalbari, P.S.- Amour, District-
Purnea, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Rauta P.S. Case no. 223
of 2025 registered under sections 317(2), 317(4), 317(5) and
3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the petitioner was
apprehended with the stolen motorcycle for which he did not
produce any documents. It is further stated that on inquiry, he
disclosed that he had purchased the same.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been falsely implicated in the
case. No incriminating article has been recovered from his
possession. He has no criminal antecedent. He is in custody
since 17.8.2025 and chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.17878 of 2026(2) dt.25-03-2026
2/2
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R., his being in custody for more than 7 months since 17.8.2025
and chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Rauta
P.S.Case no. 223 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 Chief Judicial Magistrate, Purnea.
(Partha Sarthy, J)
Bibhash
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