Patna High Court
Pramod SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that bail should be granted to the petitioners subject to strict conditions.
Summary
The petitioners, Pramod Sah and Samshad Dewan, were arrested in connection with a case registered under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging possession of a stolen, unregistered Apache motorcycle. They contended that the motorcycle was borrowed from a garage and that there was no theft complaint, asserting that their arrest was based solely on suspicion and that they have no prior criminal record. The State opposed bail, arguing the seriousness of the alleged offences. After hearing both sides, the Court granted bail to the petitioners on the condition of furnishing a bail bond of Rs.10,000 each with two sureties, and imposed specific compliance conditions regarding trial attendance, surety affiliation, and non‑tampering with evidence. The order emphasized that bail could be cancelled if the petitioners fail to appear on two consecutive dates without sufficient cause or if they are implicated in similar offences thereafter.
Issues considered
- Whether bail should be granted to accused persons under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 when the arrest is based primarily on suspicion.
- Whether the presence of a charge‑sheet and lack of prior criminal antecedents justify bail despite the nature of the alleged offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(4), 317(5), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- motor vehicle
- suspicion
- conditions of bail
- charge-sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7590 of 2026
Arising Out of PS. Case No.-353 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
1. Pramod Sah, S/o Nandu Sah, R/o Village - Pakaha Ward no. 4, P.S -
Pokharia, District - Parsa, Nepal
2. Samshad Dewan, S/o Abdul Dewan @ Abdul Haque Sai, R/o Village -
Pakaha Ward no. 4, P.S - Pokharia, District - Parsa, Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roshan Kumar, Adv.
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners seek bail in connection with Adapur
P.S. Case No. 353 of 2025 dated 21.09.2025 registered for the
offence punishable under Sections 317(4), 317(5) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioners is that they were
apprehended with Apache motorcycle without any registration
number which was allegedly stolen one.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. It is submitted that only on the basis of suspicion the
Patna High Court CR. MISC. No.7590 of 2026(2) dt.04-02-2026
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petitioners have been arrested. There was no complain of theft
against the said motorcycle. In fact, the motorcycle was
borrowed by petitioner no. 2 from a garage for visiting the
house of the sister of petitioner no. 1. The petitioners are in
custody since 22.09.2025, having no criminal antecedents and
charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail
of the petitioners.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned J.M.-Ist Class,
East Champaran, Motihari in connection with Adapur P.S. Case
No. 353 of 2025, subject to 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.
Patna High Court CR. MISC. No.7590 of 2026(2) dt.04-02-2026
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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.
(Khatim Reza, J)
prabhat/-
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