Patna High Court
Shubham SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond and conditions, finding that the procedural lapse and pending cases did not warrant denial of bail.
Summary
Shubham Sah was arrested on 15 July 2025 for allegedly being caught red‑handed with a stolen motorcycle, charged under Sections 317(5) and 3(5) of the Bihar Narcotic Substances Act, 2023. He filed a bail petition, arguing that Section 103(4) of the same Act had not been complied with and that a co‑accused had already been granted bail. The State opposed bail, noting that the motorcycle recovered from the petitioner was confirmed as looted and that the petitioner has fifteen other criminal cases, with fourteen already on bail. The High Court considered the facts, the petitioner’s criminal antecedents, and the procedural lapse, and ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite alleged non‑compliance of Section 103(4) of the B.N.S., 2023.
- Whether the petitioner’s extensive criminal record and admission of possession of stolen property preclude bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(4), 317(5), 3(5)
Subjects
- bail
- theft
- stolen motorcycle
- Section 103(4)
- B.N.S. 2023
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77529 of 2025
Arising Out of PS. Case No.-270 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Shubham Sah Son of Ravi Shankar Sah Resident of Village- Basha Ward No.
8, P.S.- Bajpatti, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the State : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 21-01-2026 Heard Mr. Birendra Kumar, learned counsel for the
petitioner and Mr. Anant Kumar 1, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
15.07.2025, in connection with Riga P.S. Case No. 270 of 2025,
F.I.R. dated 14.07.2025 registered for the offences punishable
under Sections 317(5), 3(5) of B.N.S., 2023.
3. Allegation against the petitioner is that he was
caught red handed with the stolen motorcycle.
4. Learned counsel for the petitioner submits that
although the petitioner was apprehended along with the
motorcycle in question but there is non compliance of Section
103(4) of the B.N.S., 2023 and co-accused person namely Shiv
Shankar Raut who was also apprehended along with the
petitioner has been granted bail by the learned Court below
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itself vide order dated 26.11.2025 passed in B.P. No. 1285 of
2025. He further submits that the police after investigation
submitted chargesheet against the petitioner and the petitioner is
in custody since 15.07.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that recovery has been made from the
possession of the petitioner and petitioner has accepted that the
recovered motorcycle is the looted motorcycle and apart from
aforesaid the petitioner carries fifteen more cases other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that out of fifteen cases, petitioner is on bail in
fourteen cases and one case is pending for consideration before
the competent court of law.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-I, Sitamarhi in
connection with Riga P.S. Case No. 270 of 2025, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed 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) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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