Patna High Court
Satrudhan RikiyasanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and specific conditions.
Summary
The petitioner, Satrudhan Rikiyasan, was arrested on 16‑08‑2025 in connection with a case involving alleged theft of a motorcycle and charged under Sections 317(5), 318(4), 336(3) and 338 of the B.N.S. He contended that he had purchased the motorcycle in good faith from a co‑accused, paid Rs 20,000, and was unaware that it was stolen. The State opposed bail, noting a second pending case concerning the same motorcycle. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite charges under Sections 317(5), 318(4), 336(3) and 338 of the B.N.S.
- Whether the existence of another pending case relating to the same motorcycle precludes bail
- Whether the alleged fabrication of the FIR affects the bail decision
Legislation cited
- B.N.S. — s. 317(5), 318(4), 336(3), 338
Subjects
- bail
- criminal procedure
- theft
- stolen property
- fabricated FIR
- pending case
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87982 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- AMAS District- Gaya
======================================================
Satrudhan Rikiyasan Son of Late Chander Rikiyasan Resident of village -
Jhari, P.S.- Amas, District - Gayajee.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Nikhil, Advocate
Mr. Aniket Thakur, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Kumar Nikhil, learned counsel for the
petitioner and Mr. Jitendra Kumar Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
16.08.2025, in connection with Amas P.S. Case No. 261 of
2025, F.I.R. dated 16.08.2025 registered for the offences
punishable under Sections 317(5), 318(4), 336(3) and 338 of the
B.N.S.
3. Allegation against the petitioner is that he was
apprehended along with stolen motorcycle.
4. Learned counsel for the petitioner submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.87982 of 2025(3) dt.22-01-2026
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In fact, the petitioner has purchased the motorcycle in question
to one Kamlesh Yadav and he has not given any paper to the
petitioner and later on the petitioner has come to know that the
motorcycle in question is looted motorcycle and he has no
concern at all with the alleged recovery of motorcycle in
question and he has purchased the same in good faith of co-
accused person and he has already paid Rs. 20,000/- to the co-
accused person. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 16.08.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
pertaining to same motorcycle in question but the petitioner has
not been remanded in that case as yet.
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 Judicial Magistrate 1st Class, Sherghati, Gaya in
connection with Amas P.S. Case No. 261 of 2025, subject to the
following conditions :-
Patna High Court CR. MISC. No.87982 of 2025(3) dt.22-01-2026
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(1) Petitioner shall co-operate in the trial and shall be
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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