Patna High Court
Md. Sattar @ Saddam @ Md. Sattar SaddamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Sattar, was arrested in connection with a case alleging possession of a stolen motorcycle under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner and another individual were found riding a motorcycle that the police claimed was stolen, and that they could not produce valid documents for it. The petitioner contended that he had purchased the motorcycle in good faith for Rs. 14,000 from Suman Kumar Yadav, that the vehicle had not been transferred through the District Transport Office, and that no theft complaint had been lodged. He further argued that he was falsely implicated and has been in custody since 18 October 2025 despite having five other criminal cases. The Court, after considering the submissions, granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions regarding cooperation with the trial, attendance, and non‑tampering with evidence, and directed periodic reporting to the local S.H.O.
Issues considered
- Whether bail should be granted to the accused under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the presumption of the motorcycle being stolen justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(4), 317(5), 3(5)
Subjects
- bail
- stolen vehicle
- possession
- Bharatiya Nyaya Sanhita
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7628 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- Marnga District- Purnia
======================================================
Md. Sattar @ Saddam @ Md. Sattar Saddam, S/o- Rafique Nadaf, Resident of
village- Manganpatti, P.S- Falka, Dist- Katihar, Old Resid.- Jabbe Kushaar,
P.S.- Bhawanipur Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Adv.
For the Opposite Party/s : Mr. Md. Fahimuddin, 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
Maranga P.S. Case No. 213 of 2025 dated 16.06.2025
registered for the offence punishable under Sections 317(4),
317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the
alleged date of occurrence the informant, who was a Police
Officer, was checking the vehicle coming from Harda. In
the meantime, at about 15:10 PM, two persons riding on a
motorcycle were seen approaching from Harda side. They
were signalled to stop for checking the vehicle and upon
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being questioned regarding the said motorcycle, they failed
to give any satisfactory explanation and instead stated that
the motorcycle is stolen and they have no any valid
document of the said vehicle. They further disclosed that
they had purchased the motorcycle from one Suman Kumar
Yadav for a consideration amount of Rs. 14,000/-.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that the petitioner is a bonafide
purchaser of the said motorcycle which was seized by the
police on the date of the seizure. The said motorcycle was
purchased from one Suman Kumar Yadav for consideration
amount of Rs. 14,000/-. However, the motorcycle has not
been transferred through the office of District Transport
Office. It is also submitted that there is no complaint of
theft against the said motorcycle. The police has presumed
that the said motorcycle is stolen motorcycle. The petitioner
is in custody since 18.10.2025, having five criminal cases
against him and charge-sheet has been submitted in the
case.
5. Learned A.P.P for the State opposes the prayer
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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
C.J.M., Purnea in connection with Maranga P.S. Case No.
213 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.
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
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be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the
S.H.O. of his local area alongwith a copy of this
order and shall appear every fortnightly to mark
his attendance till the framing of charge in the
case by the trial court.
(Khatim Reza, J)
prabhat/-
U T
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