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Patna High Court

Amarjit SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                                              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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