Hashim @ Chuman @ Shekh Hasim @ DhumanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41993 of 2026
                  Arising Out of PS. Case No.-216 Year-2026 Thana- BANJARIA District- East Champaran
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                 Hashim @ Chuman @ Shekh Hasim @ Dhuman, S/o Late Shamshul Hoda @
                 Shekh Samsul, Resident of Village-Janerwa, Ward No.15, P.S.-Banjariya
                 District- East Champaran.
                                                                         ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                      Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Banjariya P.S.

                   Case No.216 of 2026 registered under Sections 317(5),

                   318(4), 336(2), 336(3), 338, 340(2) and 317(2) of the

                   Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3. As per FIR, three motorcycles alleged to stolen

                   were recovered from the premises of the petitioner.

                                4. It is submitted by learned counsel appearing for

                   petitioner that alleged raid was conducted on 28.03.2026

                   but, the seizure list of the seized motorcycles was prepared

                   on 31.03.2026, that too, within the premises of Banjariya
Patna High Court CR. MISC. No.41993 of 2026(2) dt.02-07-2026
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          Police Station, making the entire recovery doubtful. It is

          submitted that it is a case of police atrocities. It is pointed

          out that out of alleged three stolen motorcycles, the two

          motorcycles i.e. Scooty bearing Registration No.WB798-

          0234 and bullet motorcycle bearing Registration No.-

          BR22AA-2975 belong to the family members/relatives of the

          petitioner and, therefore, it was parked in the premises,

          whereas the Splendor motorcycle bearing Registration

          No.BR228757 was not alleged to be recovered from

          premises of this petitioner. It is submitted that as petitioner

          could not produce immediately the related documents of the

          motorcycles on the demand of police, the present false

          implication      was     raised.        The   petitioner   claimed   clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as two of seized motorcycles, which were

          seized from the premises of petitioner was claimed to

          belongs to his family members i.e. Scooty bearing

          Registration No.WB798-0234 and bullet motorcycle bearing
Patna High Court CR. MISC. No.41993 of 2026(2) dt.02-07-2026
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          Registration No.-BR22AA-2975, coupled with the fact that

          seizure list appears prepared after three days i.e. on

          31.03.2026 that too, within the premises of police station

          and not at the place of recovery, accordingly, the petitioner,

          above-named, who is a man of clean antecedent, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Judicial Magistrate, First Class,

          Motihari, East Champaran in connection with Banjariya P.S.

          Case No.216 of 2026, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure (in

          short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

          Suraksha Sanhita, 2023 (in short ‘BNSS’).

                       7.     The learned trial court is directed to ensure

          that the Scooty bearing Registration No.WB798-0234 and

          bullet motorcycle bearing Registration No.-BR22AA-2975

          belong to family members of the petitioner duly supported

          by its registration certificate, while accepting the bail bond of
          Patna High Court CR. MISC. No.41993 of 2026(2) dt.02-07-2026
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                    the petitioner, failing which the learned trial court is directed

                    as not to accept the bail bond of the petitioner.


                                                         (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T