Patna High Court
Nikhil Kumar SahiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted as the petitioner was falsely implicated and no material evidence was recovered against him, subject to conditions.
Summary
Nikhil Kumar Sahi was arrested in connection with a theft of a motorcycle and charged under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023. The petitioner claimed innocence, arguing that two FIRs were filed for the same incident and that he had already been granted bail in a related case (Minapur P.S. Case No. 423 of 2025). He contended that the present FIR was lodged against an unknown person and no material was recovered from his possession. The State opposed the bail application. After considering the submissions, the court ordered the petitioner’s release on bail with a cash bond of Rs. 10,000 and two sureties, imposing several conditions regarding cooperation, attendance, and non‑tampering with evidence. The bail was granted subject to compliance with these conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 303(2) of the Bhartiya Nyaya Sanhita, 2023 given the existence of two FIRs for the same occurrence.
- Whether the petitioner’s prior bail in a related case influences the decision on bail in the present case.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- bail
- theft
- Section 303(2)
- Bhartiya Nyaya Sanhita
- criminal procedure
- double FIR
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6986 of 2026
Arising Out of PS. Case No.-1126 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Nikhil Kumar Sahi, Son of Vinod Sahi @ Vinod Sahi, Resident of Village -
Harka Manshahi, P.S.- Minapur, Dist.- 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. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Ahiyapur P.S. Case No. 1126 of 2025 dated 13.08.2025
instituted for the offence punishable under Sections 303(2) of
the Bhartiya Nyaya Sanhita, 2023
3. As per the F.I.R., someone had stolen motorcycle of
the informant bearing Reg. No. UK17D 2224 from the market
where he went to buy vegetables.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that for the
same occurrence, two F.I.Rs. have been lodged; firstly, present
F.I.R. for committing theft of the motorcycle and another i.e.
Patna High Court CR. MISC. No.6986 of 2026(2) dt.04-02-2026
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Minapur P.S. Case No. 423 of 2025 for recovery of the
motorcycle. The petitioner has been made accused in both the
cases. It is further submitted that in Minapur P.S. Case No. 423
of 2025, the petitioner has been granted bail vide order dated
28.01.2026 passed by a co-ordinate Bench of this Court in
Criminal Miscellaneous No. 3347 of 2026. Learned counsel for
the petitioner submits that the present F.I.R. has been lodged
against the unknown person. Only on the basis of suspicion, the
petitioner has been made accused in this case. Nothing has been
recovered either from the conscious possession of the petitioner
or from his house rather the said motorcycle was recovered from
the market place. Lastly, it has been submitted that the petitioner
is in custody since 01.11.2025 having three criminal cases
against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Muzaffarpur in Ahiyapur P.S. Case No. 1126 of 2025, subject to
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the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. 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.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and
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thereafter shall appear in the first week of every
month to mark his attendance till framing of
charge.
(Khatim Reza, J)
premchand/-
U T
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