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Patna High Court

Sah AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                                      (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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