Patna High Court

Md. AlamversusThe State of Bihar

Decided: 10 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, finding that the procedural deficiencies and lack of material recovery warranted release on bail.

Summary

The petitioner, Md. Alam, was arrested along with two others for allegedly stealing an e‑rickshaw and was charged under Section 317(5) of the Bihar Negotiable Instruments Act (BNS). The prosecution alleged that the three persons were apprehended and confessed to the theft, while the petitioner claimed innocence, stating that no material was recovered from his possession and that the police failed to comply with the mandatory provisions of Section 105 of the BNS during seizure. He also highlighted that the witnesses were police personnel and that he had been in judicial custody since 23‑05‑2025 despite having a prior criminal case. The petitioner sought regular bail, arguing that the case against him was weak and procedural lapses existed. The court, after considering the facts and the procedural deficiencies, decided to grant regular bail on the condition of a bail bond of Rs.10,000 with two sureties of equal amount. The order directed the petitioner’s release pending trial.

Issues considered

Whether the petitioner is entitled to regular bail under Section 317(5) of the BNS despite the allegations of theft
Whether the police complied with the mandatory provisions of Section 105 of the BNS in making the seizure
Whether the procedural lapses and lack of material recovery justify granting bail

Legislation cited

Bihar Negotiable Instruments Act — s. 105, 317(5)

Subjects

regular bail
Section 317
Section 105
police seizure
procedural lapse
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6770 of 2026
                    Arising Out of PS. Case No.-72 Year-2025 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Md. Alam S/o Md. Nasim Resident of Village - Danka Imali Loha Godam,
                 Gaighat, P.S - Alamganj, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 317 (5) of

                   the BNS.

                                3.     The case of the prosecution is that the three

                   persons including the petitioner were apprehended by the police

                   and on being asked, they disclosed that they have stolen the e-

                   rickshaw from Patna and had come to sell it.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the conscious possession of

                   this petitioner. It is further submitted that all the witnesses are
            Patna High Court CR. MISC. No.6770 of 2026(2) dt.10-02-2026
                                                        2/2




                      police personnel and that the police have not followed the

                      mandatory provision of Section 105 of the BNS while making

                      the seizure. It is further submitted that the allegation of theft

                      has been levelled against three persons jointly. Moreover, the

                      petitioner is languishing in judicial custody since 23.05.2025

                      and is having criminal antecedent of one case.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Ganga Bridge P.S. Case No. 72 of 2025

                      on furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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