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Patna High Court

Md. Sattar @ Saddam @ Md. Sattar SaddamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.7628 of 2026(2) dt.04-02-2026
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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
Patna High Court CR. MISC. No.7628 of 2026(2) dt.04-02-2026
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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
            Patna High Court CR. MISC. No.7628 of 2026(2) dt.04-02-2026
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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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