Patna High Court
Ladley Mukhtar Rashid @ Md. Mukhtar Rasid @ Md. MukhtarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ladley Mukhtar Rashid, applied for regular bail in a theft case (Danapur PS Case No. 759 of 2025) where he was charged under Section 303(2) of the BNS, later amended to include Section 3(5). He argued that the FIR was lodged against an unknown person, the seizure memos lacked details of the motorcycle's recovery, and the only material against him was a co-accused's confessional statement, which he claimed was insufficient. The State opposed the bail, relying on the charges and the petitioner’s criminal antecedents. The court noted discrepancies in the recovery details, the completion of investigation, and the petitioner’s prolonged custody since 2 August 2025, and found no cogent material justifying denial of bail. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature of the offence and the evidence presented.
- Whether the prosecution's evidence, including the confessional statement of a co-accused and the seizure memos, is sufficient to deny bail.
- Whether the discrepancies in the seizure memos regarding the recovery of the stolen motorcycle affect the bail decision.
Legislation cited
- BNS — s. 303(2), 3(5)
Subjects
- regular bail
- theft
- motorcycle recovery
- confessional statement
- investigation discrepancy
- custody
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86683 of 2025
Arising Out of PS. Case No.-759 Year-2025 Thana- DANAPUR District- Patna
======================================================
Ladley Mukhtar Rashid @ Md. Mukhtar Rasid @ Md. Mukhtar, S/o Late
Abdul Rashid R/o Mohalla - Kedar Nath Matab Lane, Ward No. 52, Police
Station- Alamganj, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Adv.
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Raj Krishna Jha, learned counsel for
the petitioner and Mr. Ram Naresh Ray, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
Danapur P. S. Case No. 759 of 2025, dated 20.07.2025
registered for the offence punishable under Section 303(2) of the
BNS and later on Section 3(5) was added.
3. The main submissions advanced by the petitioner's
counsel are that the instant matter relates to the theft of the
informant's motorcycle, the FIR has been registered against
unknown person on 20.07.2025 and two seizure memos dated
01.08.2025 have been shown as part of the FIR but in both the
seizure memos, there is no details regarding the time of the
Patna High Court CR. MISC. No.86683 of 2025(2) dt.09-01-2026
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recovery and the prosecution has failed to show how the police
party proceeded to NMCH to recover the informant's stolen
motorcycle and further on the basis of confessional statement of
the co-accused Sudhanshu Kumar Singh, the petitioner has been
made an accused except the said confessional statement, there is
no cogent material against this petitioner. It is lastly submitted
that petitioner has been languishing in jail since 02.08.2025 and
against him the investigation has been completed, though
against him there are criminal antecedents of five cases but he is
on bail in all the said cases.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions and the averments made
in this application and mainly the discrepancy pointed out by the
petitioner's counsel with regard to the recovery of the stolen
motorcycle, coupled with the completion of investigation
against the petitioner and his custody period, this court is
inclined to release him on bail. Accordingly, let the petitioner
named-above be enlarged on bail in connection with Danapur P.
S. Case No. 759 of 2025, on furnishing bail bond of Rs.
20,000/- (Twenty Thousand) with two sureties of the like
Patna High Court CR. MISC. No.86683 of 2025(2) dt.09-01-2026
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amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
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