Patna High Court
Samimul HasnainversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied.
Summary
The petitioner, Samimul Hasnain, applied for anticipatory bail in a case involving alleged offences under Sections 317(5), 318(4), 338, 336(3), 340(2) and 3(5) of the Bhartiya Nyaya Sanhita relating to a stolen pickup vehicle with tampered chassis and engine numbers. The prosecution alleged that the vehicle, registered in the petitioner's name, was being used for illicit liquor trade and that the chassis and engine had been swapped with those of another vehicle. The petitioner contended that he was not named in the FIR, had purchased the vehicle in 2022, sold it in April 2025, and had no criminal antecedent. The court examined the seriousness of the allegations, the ongoing investigation, and the need for custodial interrogation. Concluding that the nature of the offence and the investigation warranted the petitioner’s presence in custody, the court refused to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bhartiya Nyaya Sanhita.
- Whether ownership of a vehicle implicated in a theft case, without being named in the FIR, suffices for granting bail.
- Whether the ongoing investigation justifies custodial interrogation of the petitioner.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 317(5), 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- vehicle theft
- tampered chassis
- criminal procedure
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8993 of 2026
Arising Out of PS. Case No.-56 Year-2025 Thana- Bahera District- Gaya
======================================================
Samimul Hasnain Son of Late Hasnain Khan Resident of Village- Sirsani
Chak, P.S.- Magdh Medical, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjawal Kumar Singh
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Bahera Police Station Case No. 56 of 2025, dated
03.05.2025, disclosing offences under Sections
317(5)/318(4)/338/336(3)/340(2)/3(5) of the Bhartiya
Nyaya Sanhita.
3. That the prosecution case, in brief, is that on 02.05.2025
the informant, an Assistant Sub-Inspector of Police, while
conducting special vehicle checking along with police
personnel, intercepted a white coloured pickup vehicle
coming towards Dobhi. When signaled to stop, the driver
attempted to flee but the vehicle was stopped by
barricading. Upon inquiry, the apprehended persons
Patna High Court CR. MISC. No.8993 of 2026(3) dt.06-05-2026
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disclosed their names as Md. Asgar Ali @ Chhotu and
Md. Taukir Ansari. During verification of the pickup
vehicle, bearing Registration No. BR01-GC-1134,
Chassis No. MA1ZN2GHKC1D32674 and Engine No.
GHC1D22077, through E-Challan and Transport
Department records, it was found that the chassis and
engine numbers had been tampered with and the engine
number belonged to another vehicle, namely Mahindra
Pickup No. JH14C5054, owned by one Ravi Kumar.
When Ravi Kumar was called, it was told that an FIR for
theft of the vehicle has already been lodged by him earlier
having Gadhwa P.S. Case No. 14 of 2025 on 09.01.2025.
It has further been alleged that stolen vehicle is being
used with another engine and the vehicle belongs to one
Ajay Saw who does business of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the First Information Report
and he has falsely been implicated in the present case
merely because he is the owner of pick-up vehicle,
bearing registration no. BR01-GC-1134, and he had
purchased the said vehicle from one Ramu Kumar Sinha
on 21.03.2022 by way of agreement and later registered
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the vehicle in his name. He next submits that on
04.04.2025, the petitioner sold the vehicle, in question, to
two persons, namely, Md. Nasim and Md. Maksud, who
deals in sale/purchase of old vehicle. The petitioner has
got no criminal antecedent.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the nature of
allegation and gravity of offence and the fact that the
vehicle, bearing registration no. BR01-GC-1134, was
found with tampered chassis and engine numbers and
investigation is still in progress, for which, custodial
interrogation of the petitioner may be necessary, I am not
inclined to grant the petitioner privilege of anticipatory
bail.
6. This application is, accordingly, dismissed.
(Anil Kumar Sinha, J)
ashwani/-
U T
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