Patna High Court
Nikhil Kumar SahiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that bail should be granted to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Nikhil Kumar Sahi, was arrested on secret information for alleged offences under Sections 317(4) and 317(5) of the Bihar Motor Vehicle Act, 2023, relating to possession of a stolen motorcycle that was recovered from a market complex, not from his possession. The petitioner claimed innocence, arguing that the recovery memo and FIR indicated the bike was seized elsewhere and that he was falsely implicated. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedent of three prior cases. After considering the charge sheet, the circumstances of the recovery, and the period of custody, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the Bihar Narcotic Substances (Suppression) Act and additional personal surety and appearance requirements. The bail order also stipulated cancellation of the bond if the petitioner missed three consecutive court dates or violated any condition.
Issues considered
- What is the applicability of Sections 317(4) and 317(5) of the Bihar Motor Vehicle Act, 2023, in granting bail to the petitioner?
- Whether the circumstances of the recovery of the stolen motorcycle justify the grant of bail despite the petitioner’s antecedent cases?
- Whether the conditions prescribed under Section 480(3) of the Bihar Narcotic Substances (Suppression) Act can be imposed in this bail order?
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 480(3)
Subjects
- bail
- criminal procedure
- theft
- motorcycle
- Section 317
- Section 480
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3347 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Nikhil Kumar Sahi, son of Vinod Sahi @ Vinod Shahi, Resident of Village-
Harka Manshahi, P.S.- Minapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Minapur P.S. Case No. 423 of 2025, registered
for the alleged offence under Sections 317(4) and 317(5) of
BNS, 2023.
3. The petitioner was apprehended on secret
information that he was in possession of stolen motorcycle. The
motorcycle was also recovered.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. The motorcycle was recovered from a market complex and
not from the possession of the petitioner as is apparent from the
FIR. The seizure list also shows the recovery has been made
Patna High Court CR. MISC. No.3347 of 2026(2) dt.28-01-2026
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from one market complex. The seizure memo witnesses are also
police officials. The petitioner is in custody since 09.10.2025
and is having antecedent of three cases.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
petitioner, he is directed to 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 Judicial Magistrate-
1st Class, Muzaffarpur (East)/court concerned, in connection
with Minapur P.S. Case No. 423 of 2025, subject to the
conditions mentioned in Section 480 (3) of BNSS and also the
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.
(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
Patna High Court CR. MISC. No.3347 of 2026(2) dt.28-01-2026
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be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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