Patna High Court
Mohhamad Miyan @ Mohhamad HussainversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Mohhamad Miyan was arrested in connection with a case (PS Malahi Case No. 274 of 2025) alleging offences under sections 317(5), 318(4), 336(2), 336(3), 338 and 347(1) of the B.N.S., primarily for possession of a stolen bike whose number plates had been altered. The prosecution claimed the bike was recovered from the petitioner, while the petitioner contended that his son had purchased the bike, changed the plates, and sold it, asserting his own innocence, lack of criminal antecedent, and that no material was actually seized from him. He also argued that the police failed to comply with Section 105 of the B.N.S.S. in preparing the seizure list. Having been in judicial custody since 21‑08‑2025, he applied for regular bail. The court, after hearing both sides, found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the B.N.S.
- Whether procedural irregularities, such as the alleged non‑compliance with Section 105 of the B.N.S.S., justify granting bail
- Whether the length of judicial custody and lack of prior criminal record warrant bail
Legislation cited
Subjects
- regular bail
- stolen vehicle
- number plate alteration
- procedural lapse
- Section 105
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89706 of 2025
Arising Out of PS. Case No.-274 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Mohhamad Miyan @ Mohhamad Hussain S/O Late Vakil Miyan R/V
Mamrakha, Bhaiya Tola, P.S- Malahi, District- East Champran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv
For the Opposite Party/s : Mr. Binod Kumar, 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 regular bail in a case
registered for the offence punishable under sections 317(5),
318(4), 336(2), 336(3), 338, 347(1) of B.N.S.
3. The case of the prosecution is that the stolen bike
was found from the possession of this petitioner. When he was
being asked, he disclosed that his son Nizamuddin purchased
stolen bike on low price and after changing the number plates,
they used to sell them on high price.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the only allegation
against this petitioner is that of changing the number plate of the
Patna High Court CR. MISC. No.89706 of 2025(2) dt.15-01-2026
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bikes. He has not purchased the stolen bike. It has also been
submitted that petitioner is having no criminal antecedent. It has
also been submitted that nothing has been recovered from the
possession of this petitioner. There is no independent witness of
the seizure list rather they are police personnel. Police has not
followed Section 105 of B.N.S.S. while preparing seizure.
Moreover, the petitioner is languishing in judicial custody since
21.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 released on bail in connection with
Malahi P.S. Case No. 274 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M, Motihari, East
Champaran.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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