Patna High Court
Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that the petitioner is entitled to regular bail and ordered his release on bail.
Summary
The petitioner, Naushad Alam, applied for regular bail in a case registered under sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita concerning the alleged theft of a motorcycle. He contended that the FIR was fabricated by the police, that he purchased the motorcycle in good faith from a co‑accused, and that there were no independent witnesses to the seizure. The petitioner also highlighted his clean criminal record and the fact that the investigation had been completed while he had been in custody since 23‑09‑2025. The State opposed the bail application. Considering the petitioner’s clean antecedent, the completion of investigation, and the circumstances raised, the Court inclined to release him on bail, directing a bail bond of Rs. 20,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita given the facts of the case
- Whether the alleged fabrication of the FIR and lack of independent witnesses justify granting bail
- Whether the petitioner’s clean antecedent and completion of investigation warrant bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 317(4), 317(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- section 317
- theft
- motorcycle
- police misconduct
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90093 of 2025
Arising Out of PS. Case No.-392 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Naushad Alam S/O Md Nurul Hasan R/O Vill.- Baliya Kashibari, P.S-
Kochadhaman, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Kochadhaman P.S. Case No. 392 of 2025 registered for the
offences punishable under sections 317(4) and 317(5) of the
Bharatiya Nyaya Sanhita.
3. The main submissions advanced by petitioner’s
counsel are that the allegations levelled against the petitioner in
the FIR are concocted and manipulated due to the high-
handedness of the police and the petitioner had no concern or
role in the theft of the alleged motorcycle, in fact the alleged
motorcycle was bonafidely purchased by the petitioner from the
co-accused, namely Munzir Alam, without knowing that the said
motorcycle was stolen and in this regard, the FIR itself is
relevant. It is further submitted that there is no independent
witness of the seizure list despite several persons being gathered
Patna High Court CR. MISC. No.90093 of 2025(2) dt.13-01-2026
2/2
at the alleged place of recovery. It is lastly submitted that the
petitioner bears no criminal antecedent and has been languishing
in jail since 23.09.2025 and against him the investigation has
been completed.
4. Learned APP for the State has opposed the prayer of
the petitioner.
5. Considering the above submissions, the averments
made in this application coupled with petitioner’s fair and clean
antecedent, his custody period and completion of investigation
against him, this Court is inclined to release him on bail.
Accordingly, let the petitioner named-above be released on bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the court concerned in connection with
Kochadhaman P.S. Case No. 392 of 2025.
(Shailendra Singh, J)
annu/-
U T
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