Patna High Court
Amarjit SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for regular bail, subject to specified conditions.
Summary
Amarjit Sah was arrested in connection with a theft case (Patahi PS Case No. 122 of 2025) under Sections 317(2), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 after a stolen motorcycle was recovered from a co‑accused and he was found with a bike bearing a false registration number. The petitioner, claiming innocence and a clean antecedent, had been in custody since 24‑Oct‑2025 and sought regular bail. The State opposed the bail application. Considering the nature of the allegations, the period of custody and the petitioner’s claim of a clean record, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with attendance and cooperation conditions. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita, 2023 in view of the nature of the offences, period of custody and claim of clean antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(5), 3(5)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- motor vehicle registration
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25058 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Amarjit Sah S/o Jaigovind Sah R/o Village- Kodariya, PS- Patahi, District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad
For the Opposite Party/s : Mr. Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Patahi P.S. Case No. 122 of 2025 registered for the offence
under Section(s) 317(2), 317(5) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, a stolen motorcycle
was recovered from the possession of the co-accused, and the
petitioner was apprehended with a motorcycle bearing a wrong
registration number.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 24.10.2025 and claims clean
antecedent.
Patna High Court CR. MISC. No.25058 of 2026(2) dt.16-04-2026
2/3
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the nature of allegation, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Patahi P.S. Case
No. 122 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Patahi Police Station on
the first and third Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
Patna High Court CR. MISC. No.25058 of 2026(2) dt.16-04-2026
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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.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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