Patna High Court
Sah AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and the conditions specified in the order.
Summary
The petitioner, Sah Alam, was arrested on 23 November 2025 in connection with an FIR alleging theft of a keypad and a smartphone, offences punishable under Sections 317(5) and 303(2) of the BNS. He contended that the FIR was fabricated, that the investigation violated Sections 103 and 105 of the BNSS, 2023, and pointed out that a co‑accused, Shyam Kumar, had already been granted bail. The State opposed bail, highlighting that the petitioner has eleven other pending cases, although he is on bail in those matters. The court considered the lack of procedural compliance, the similarity to the co‑accused’s situation, and the petitioner’s criminal antecedents. It ordered that bail be granted on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond is to be issued by the Railway Judicial Magistrate, Patna.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR alleging offences under Sections 317(5) and 303(2) of the BNS.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023, warrants the grant of bail.
- Whether the petitioner’s prior criminal antecedents and the bail granted to a similarly situated co‑accused affect the bail decision.
Legislation cited
- BNS — s. 303(2), 317(5)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- false FIR
- procedural non‑compliance
- theft
- criminal antecedent
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22476 of 2026
Arising Out of PS. Case No.-810 Year-2025 Thana- PATNA GRP CASE District- Patna
======================================================
Sah Alam S/o- Samsad Ahmad @ Md. Shamshad Resident of Village- Jatan
B2 Bijnour PS- Kotwali Town District- Bignour, U.P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anup Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Anup Kumar Pandey, learned counsel for
the petitioner and Mr.Surendra Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
23.11.2025 in connection with GRP Patna Junction P.S. Case
No. 810 of 2025, F.I.R. dated 22.11.2025 registered for the
offence punishable under Sections 317(5) and 303(2) of BNS.
3. The relates to recovery of one blue coloured HMD
company keypad and one white coloured realme company
smartphone from possession of the petitioner.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR and the petitioner has been made accused in
Patna High Court CR. MISC. No.22476 of 2026(2) dt.07-04-2026
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the present case merely on the ground of his previous criminal
antecedents and it appears from the seizure list that there is non-
compliance of Sections 103 and 105 of BNSS, 2023. Learned
counsel for the petitioner submits that the similarly situated co-
accused person, namely, Shyam Kumar, who was apprehended
alongwith the petitioner, has been granted bail by the learned
court below itself and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 23.11.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
eleven more cases other than the present one but fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact and similarly
situated co-accused person has been granted bail by the learned
court below itself, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Rail Judicial Magistrate, Railway, Patna in connection
with GRP Patna Junction P.S. Case No. 810 of 2025, with the
following conditions:-
Patna High Court CR. MISC. No.22476 of 2026(2) dt.07-04-2026
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(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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 antecedent, 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)
Nitesh/-
U T
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