Patna High Court
Sikindar Sah @ Sikindar Kumar @ Sakindra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KUMAR MANISH
Holding
The court granted regular bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Sikindar Sah, was arrested while riding a blue motorcycle that was alleged to be stolen, and he failed to produce the vehicle's documents. The prosecution alleged that the vehicle's number plate and tank were tampered to conceal its identity, and the owner had lodged an FIR for theft. The petitioner claimed innocence, asserted no criminal antecedents, and argued that he was falsely implicated due to personal enmity, seeking regular bail under Sections 338, 339, 340(2), 317(5) and 336(3) of the Bhartiya Nyaya Sanhita, 2023. The State opposed bail, but the court, after considering the circumstances and lack of specific incriminating evidence, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of family surety, cooperation with trial, and non‑tampering with evidence. The bail was granted with the provision that the prosecution may move for cancellation if the petitioner interferes with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged theft of a motor vehicle and offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the prosecution has established sufficient grounds to deny bail on the basis of risk of evidence tampering or flight.
- Whether the petitioner’s claim of false implication and lack of antecedents warrants regular bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5), 336(3), 338, 339, 340(2)
Subjects
- bail
- theft
- motor vehicle
- Bhartiya Nyaya Sanhita
- criminal procedure
- false implication
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38209 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- Patauna District- Madhubani
======================================================
Sikindar Sah @ Sikindar Kumar @ Sakindra Sah S/o Jagdeo Sah Resident of
Village - Baliya, P.S. - Patauna, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Sections 338, 339, 340(2), 317(5),
336(3) of Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution story, the patrolling team
brought a blue coloured motorcycle bearing Registration
No.BR-06Q-6610 along with the accused petitioner, Sikandar
Sah, to the police station. It has been alleged that the petitioner
was riding the aforesaid motorcycle and during that he was
arrested. When police asked to produce the papers of the
vehicle, neither he produced the papers of vehicle nor any
satisfactory answer was given regarding the vehicle and when
he inquired about the Chasis number and vehicle number but no
Patna High Court CR. MISC. No.38209 of 2026(2) dt.19-06-2026
2/3
reliable answer has been given by the petitioner and when the
owner of the motorcycle was contacted, he stated that an F.I.R.
has been lodged vide Benipatti P.S. Case No. 370 of 2025
regarding theft of the motorcycle. It has further been alleged
that to hide the identity, the number plate was tampered and also
tampered with the patrol tank of the motorcycle.
4. It has been submitted on behalf of the petitioner
that the petitioner is innocent and he has been falsely implicated
in this case. It has further been submitted that the petitioner has
no criminal antecedent and the petitioner is in custody since
02.02.2026. It has also been submitted by the petitioner that he
has been made accused due to previous enmity and there is no
evidence against the petitioner to prove that he was involved in
the crime. Further, it has been submitted that as per the F.I.R.
all documents available on record there is no case made out
against the petitioner and there is no specific charge has been
made and charge-sheet has already been submitted in this case.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the petitioner, above named, is directed to be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Patna High Court CR. MISC. No.38209 of 2026(2) dt.19-06-2026
3/3
thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate Ist Class,
Benipatti, Madhubani/ concerned Court, in connection with
Patauna P.S. Case No. 12 of 2026, on the following condition :-
(i) That one of the bailor should be family member of
the petitioner.
(ii) That the petitioner will cooperate in the trial and
will remain present on all dates personally or should be duly
represented through his counsel and whenever required to be
physically present by the Court, he should physically appear in
Court on that date.
(iii) 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.
(Kumar Manish, J)
sanjeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.