Patna High Court
Babu SahebversusThe State of Bihar
- Decided
- 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
The petitioner, Babu Saheb, was arrested in connection with a case registered under Sections 317(5), 338, 336(3) and 340(2) of the B.N.S., alleged to involve a stolen bike identified through a handheld device. He contended that he had no involvement, could not produce bike documents, and that the police failed to comply with Section 105 of the B.N.S.S. while seizing the vehicle. He had been in judicial custody since 11‑10‑2025 and had no prior criminal record. The State opposed his bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate, Sheohar.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the B.N.S.
- Whether the police complied with Section 105 of the B.N.S.S. in effecting the seizure
- Whether the case is triable by a Judicial Magistrate 1st Class and the petitioner poses a flight or tampering risk
Legislation cited
- B.N.S. — s. 105, 317(5), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- police seizure
- Section 105
- judicial custody
- stolen vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89481 of 2025
Arising Out of PS. Case No.-380 Year-2025 Thana- SHEOHAR District- Sheohar
======================================================
Babu Saheb, S/o Pramod Ray, R/o vill - Pakadi, P.S.- Piprahi, Distt.- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Khanna, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sheohar P.S. Case No.380 of 2025 registered for the
offence punishable under Sections 317(5), 338, 336(3) AND
340(2) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioner along with one Niraj Kumar were on a bike and were
intercepted by the police. The petitioner could not furnish the
documents regarding the bike. With the help of HHD machine,
it was disclosed that the bike is stolen one and the owner of the
bike is Keshav Kumar.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.89481 of 2025(2) dt.15-01-2026
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committed no offence. He has been falsely implicated in this
case. He is not concerned in any way with the bike. Nothing has
been recovered from his possession. Police has not complied
Section 105 of the B.N.S.S. while making the seizure. It has also
been submitted that this case is triable by learned Judicial
Magistrate 1st Class. Petitioner is having no criminal antecedent
and he is languishing in judicial custody since 11.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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
Judicial Magistrate, Sheohar in connection with Sheohar P.S.
Case No. 380 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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