Patna High Court

Lal Mahammad Mian @ Anil Mian @ Lalmohammad MiyaversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

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

Summary

Lal Mahammad Mian was arrested as a pillion rider on a stolen bike and charged under Sections 317(2), 317(4), 317(5) and 3(5) of the B.N.S., 2023. He contended that he had no knowledge of the bike’s stolen status and was merely giving a lift to Mojaheed Mian, asserting his innocence. The State opposed bail, highlighting three prior criminal cases against the petitioner. The court examined the facts, the nature of the alleged offence, and the petitioner’s claim of lack of culpability. Considering the circumstances and the petitioner’s custody since 22‑10‑2025, the court ordered bail on a bond of Rs.10,000 with two sureties. The order was directed to be executed by the Judicial Magistrate, Bettiah.

Issues considered

Whether the petitioner, alleged to be a pillion rider on a stolen bike, is entitled to bail despite the charges under the B.N.S., 2023.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

B.N.S., 2023 — s. 317(2), 317(4), 317(5), 3(5)

Subjects

bail
stolen vehicle
pillion rider
criminal antecedent
B.N.S. 2023
judicial magistrate

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88892 of 2025
                     Arising Out of PS. Case No.-518 Year-2025 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Lal Mahammad Mian @ Anil Mian @ Lalmohammad Miya S/o Late Alijan
                 Mian Resident of Village- Chhota Puliya / Chhota Tuniya, P.S - Manuapul,
                 District - West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bettiah Town P.S. Case No. 518 of 2025 registered for the

                   offence punishable under Sections 317(2), 317(4), 317(5), 3(5)

                   of the B.N.S., 2023.

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

                   police received secret information that two persons are coming

                   from GMCH on a stolen bike. At 01:45 PM, a bike was

                   intercepted, and two persons were apprehended; one is

                   Mojaheed Mian, and the second is Lal Mahammad Mian (the

                   petitioner).

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.88892 of 2025(2) dt.08-01-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the

          petitioner was only a pillion rider on the said bike. He has taken

          a lift from Mojaheed Mian and had no knowledge regarding the

          status of the bike. It was subsequently found that the bike was a

          stolen one and a case has also been lodged regarding the

          stealing of the said bike. He further submits that although the

          petitioner was apprehended on the bike, he was merely a pillion

          rider and he had no knowledge of the offence. It is also

          submitted that the case is triable by the Judicial Magistrate, First

          Class. He further submits that the petitioner is languishing in

          judicial custody since 22.10.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of three cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief
           Patna High Court CR. MISC. No.88892 of 2025(2) dt.08-01-2026
                                                       3/3




                     Judicial Magistrate, Bettiah, West Champaran in connection

                     with Bettiah Town P.S. Case No. 518 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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