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Patna High Court

Md. ImranversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, Imran, subject to conditions under Section 480(3) of the B.N.S.S.

Summary

Md. Imran was arrested in connection with the theft of an e‑rickshaw, alleged under Section 303(2) of the Bihar Negotiable Instruments Act, 2023. The prosecution’s case relied on the informant’s statements, which initially did not name Imran but later implicated him in a second statement. Imran’s counsel argued that he is innocent, has no incriminating material recovered, was not apprehended at the scene, and has a clean antecedent, having been in custody since 1 March 2026. The State opposed the bail application. Considering the nature of the allegation, Imran’s clean record, and the length of his custody, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the Bihar Negotiable Instruments (Special) Act. The bail order includes requirements for personal appearance and cancellation upon violation.

Issues considered

  • What is the appropriateness of granting bail to the accused under Section 303(2) of the B.N.S., 2023 considering the nature of the offence and the accused’s antecedents?
  • Whether the delay in filing the FIR and the change in the informant’s statement affect the bail decision?

Legislation cited

Subjects

  • bail
  • theft
  • e‑rickshaw
  • Section 303
  • Section 480
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32473 of 2026
                       Arising Out of PS. Case No.-227 Year-2026 Thana- NAWADA District- Nawada
                 ======================================================
                 Md. Imran S/O Md. Akhtar, R/O Village - Rasool Nagar, P.S- Nagar, Distt.-
                 Nawada
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vibhuti Ranjan Sonvadra, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Nawada Town P.S. Case No. 227 of 2026, dated

                   21.02.2026, registered for the offence punishable under Section

                   303(2) of the B.N.S., 2023.

                                   3. As per the prosecution case, the e-rickshaw of

                   the informant was stolen and the name of the petitioner

                   transpired as one of the thieves.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely

                   been implicated in the present case. Nothing incriminating has

                   been recovered from person or possession of the petitioner.

                   Petitioner was not apprehended from the spot. The FIR has been

                   lodged after a delay of two days without any plausible
Patna High Court CR. MISC. No.32473 of 2026(2) dt.12-05-2026
                                            2/3




          explanation. Initially the informant did not name this petitioner,

          but subsequently, when his second re-statement was recorded,

          he named this petitioner along with other co-accused persons

          and showed his suspicion that they might have stolen his e-

          rickshaw. Learned cousnel further submits that the so-called

          recovery on confessional statement of this petitioner is of some

          parts of e-rickshaw from some garage and such recovery is not

          believable. The petitioner is himself an e-rickshaw driver and a

          poor man. Learned counsel next submits that petitioner is

          having clean antecedent and chargesheet has been submitted.

          Learned counsel lastly submits that petitioner is in custody since

          01.03.2026.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of allegation, clean antecedent of the petitioner and his

          period of custody, the petitioner, above-named, is directed to be

          released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Nawada / concerned Court, in connection with
          Patna High Court CR. MISC. No.32473 of 2026(2) dt.12-05-2026
                                                      3/3




                    Nawada Town P.S. Case No. 227 of 2026, subject to the

                    condition laid down under Section 480(3) of the B.N.S.S. and

                    other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                 (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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