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Patna High Court

Satrudhan RikiyasanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                           3/3




                                      (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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