Patna High Court

Md. Bablu Alam @ Bablu AlamversusThe State of Bihar

Decided: 13 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner on condition of a Rs 10,000 bond with two sureties.

Summary

The petitioner, Md. Bablu Alam, sought regular bail in a case registered under Sections 115(2) and 309(4) of the Bihar Penal Code for the alleged theft of a Scorpio car. The prosecution alleged that unknown miscreants, after stopping the informant, stole the vehicle at knife‑point. The petitioner claimed the vehicle was recovered from his possession and that he had purchased it in good faith, having given a confessional statement that he bought an old Scorpio for repair and was unaware it was stolen. He also highlighted that he had been in judicial custody since 11 September 2025 and possessed a prior criminal antecedent. The Additional Prosecutor opposed bail, citing the antecedent, but the court, after considering the facts, ordered the petitioner’s release on bail upon furnishing a Rs 10,000 bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner charged under Sections 115(2) and 309(4) of the Bihar Penal Code.
Whether the petitioner’s confessional statement and claim of lack of knowledge of the stolen vehicle affect the bail decision.
Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Subjects

regular bail
criminal antecedent
confessional statement
theft of vehicle
judicial custody
Bihar Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76451 of 2025
                     Arising Out of PS. Case No.-26 Year-2025 Thana- Rampur Chauram District- Arwal
                 ======================================================
                 Md. Bablu Alam @ Bablu Alam S/O Md. Kalam R/O Mohalla- Shah
                 Abdullah Nagar, (Sevadullah Nagar) Ward No. 18, Hilsa, Distt.- Nalanda.
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   13-01-2026                  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 Section 115(2) and

                   309(4) of the BNS.

                                3.    The case of the prosecution, in short, is that

                   unknown miscreants have taken away the Scorpio car of the

                   informant. First of all, they stopped the informant, took lift and

                   after some time on knife point, they took away the vehicle.

                                4. Learned counsel for the petitioner submits that the

                   vehicle was recovered from the possession of this petitioner.

                   Learned counsel for the petitioner has further submitted that the

                   petitioner has given his confessional statement in Paragraph

                   ‘152’ of the case diary and in his confessional statement he has

                   confessed that he has purchased an old Scorpio car which was
            Patna High Court CR. MISC. No.76451 of 2025(3) dt.13-01-2026
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                      given for repairing and the person who was repairing the vehicle

                      has handed over him his Scorpio car by changing the doors and

                      number plate of other vehicles. Learned counsel for the

                      petitioner has further submitted that he has got no knowledge

                      regarding the stolen vehicle and that he has no role in the said

                      occurrence. Learned counsel for the petitioner has lastly

                      submitted that the petitioner is languishing in judicial custody

                      since 11.09.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner and

                      has submitted that the petitioner is having criminal antecedent

                      of one case.

                                   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 Rampur Choram P.S. Case No. 26 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 Additional Chief Judicial Magistrate- 1st, Arwal.



                                            (Ashok Kumar Pandey, J)
durgesh/-
U      T

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