Patna High Court
Md. Shahid HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to specified conditions, as the circumstances do not warrant continued detention.
Summary
The petitioner, Md Shahid Hussain, owner of a garage in Aurangabad, was arrested on 7 January 2026 in connection with a case involving a Scorpio vehicle whose engine and chassis numbers were allegedly altered. The police recovered the vehicle from his garage and alleged that it was stolen and that fraudulent numbers were being punched on the engine. The petitioner contended that he was merely repairing the vehicle for co‑accused Kundan Kumar and Ataul Rahman, who had already been granted bail in related matters. The State opposed bail, arguing that the recovery was from the petitioner’s premises and that he faced another pending case related to the same matter. The court, after considering the facts, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence, and directed that verification of criminal antecedents should not delay the bail.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of a vehicle alleged to be stolen and tampered with.
- Whether the existence of a related pending case bars the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 317(4), 317(5), 318(4), 336(3), 338, 3(5)
Subjects
- bail
- motor vehicle theft
- fraudulent engine number
- Criminal Procedure Code
- B.N.S. 2023
- evidence tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19499 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Md. Shahid Hussain Son of Late Tahir Huassain R/o Village - Unthu Mohalla
Gola Bazar, P.S. - Sherghati, Dist. - Gayaji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Shailesh Kumar Singh, learned counsel
for the petitioner and Mr. Anil Kumar Singh No. 1, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
07.01.2026, in connection with Aurangabad Town P.S. Case No.
13 of 2026, F.I.R. dated 07.01.2026 registered for the offences
punishable under Sections 317(4), 317(5), 318(4), 338, 336(3),
3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that police
had information that in New Royal Moterworks, the engine and
chasis number of Scorpio was being changed. On this
information, police reached the garage. When the police
inspected the vehicles, they found one Scorpio having no
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number plate. The engine of the vehicle was put in the garage
and an attempt was made to punch fraudulent engine number on
it. The owner of the garage disclosed that one Ataul Rahman
has sent the vehicle for maintenance. Petitioner is the owner of
the vehicle who talks through his mobile no. 6206848767.
When the documents were demanded, the garage owner could
not show the documents of the vehicle. It is further alleged that
Ataul Rahman disclosed that this Scorpio was sent by Kundan
Kumar and one Harse. When the petitioner was asked regarding
the Scorpio, he disclosed that one Pintu Kumar has given him
the Scorpio.
4. Learned counsel for the petitioner submits that the
petitioner is the owner of the garage in question and one black
colour Scorpio vehicle was recovered from the garage of the
petitioner and petitioner has been made accused merely on the
ground that the said vehicle in question was of theft and for that
another Pali P.S. Case No. 598 of 2025 was instituted by the
prosecution. Learned counsel for the petitioner further submits
that in fact co-accused Kundan Kumar and Ataul Rahman had
given the vehicle in question for repairing and the same was
recovered from the garage of the petitioner and co-accused
person namely, Kundan Kumar and Ataul Rahman who had
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given the vehicle in question to the petitioner for repairing have
been granted bail by a Coordinate Benches of this Court vide
order dated 19.03.2026 and order dated 26.03.2026 in Cr. Misc .
No. 17162 of 2026 and Cr. Misc. NO. 20148 of 2026
respectively. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 07.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that recovery has been made from the
garage of the petitioner and apart from aforesaid petitioner
carries one more case other than the present one but fairly
submits that the pending case is pertaining to present matter.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Aurangabad in connection
with Aurangabad Town P.S. Case No. 13 of 2026, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below 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 court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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