Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Gautam Kumar and Md. Nasir Ansari, were arrested during a police check after a motorcycle was found to have a tampered registration number, allegedly linked to a theft reported in 2021. They were charged under Sections 317(5), 318(4), 338, 336(3) and 3(5) of the B.N.S. Act. The petitioners claimed they were falsely implicated, stating that the bike was borrowed from a friend and they had no ownership or intent to commit the offence, and highlighted their clean antecedents. The State opposed bail, arguing the seriousness of the offences. The High Court, after considering the facts, granted bail to both petitioners on a cash bond of Rs.10,000 each with two sureties, imposing conditions such as presence at trial dates and verification of criminal antecedents, and ordered that the bail not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused persons charged under the B.N.S. Act for alleged vehicle registration tampering and related offences.
- Whether the petitioners' claim of false implication and clean antecedent justify release on bail despite the seriousness of the charges.
Legislation cited
- B.N.S. Act — s. 317(5), 318(4), 336(3), 338, 3(5)
Subjects
- bail
- criminal procedure
- vehicle registration tampering
- B.N.S. Act
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91493 of 2025
Arising Out of PS. Case No.-385 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
1. Gautam Kumar S/o Dilip Thakur R/O Village- Rauniya, P.S.-Khizarsarai,
District- Gaya
2. Md. Nasir Ansari S/O Md. Sahabuddin R/O Village- Rauniya, P.S.-
Khizarsarai, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sauravh Singh, Adv.
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners and
learned A.P.P for the State.
2. The petitioners seek bail in connection with
Khizarsarai P.S. Case No. 385 of 2025 dated 18.11.2025
registered for the offences punishable under Sections 317(5),
318(4), 338, 336(3) and 3(5) of the B.N.S. Act.
3. As per the prosecution case, the police while
regular check, intercepted a motorcycle and apprehended two
persons including the petitioners. It is alleged that it was found
that the apprehended persons had changed the registration
number of the said motorcycle. It has also been alleged that it
was detected that the original number of bike was different and
Patna High Court CR. MISC. No.91493 of 2025(3) dt.11-02-2026
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it was registered in the name of Abhishek Kumar who had
reported about the theft of the same in the year 2021.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case. It has
further been submitted that the petitioner no. 1 in his
confessional statement stated that he had got the said
motorcycle from his friend and he was merely driving the same
and he has no concern with the said motorcycle. It has lastly
been submitted that the petitioners have clean antecedent and
they are in custody since 16.10.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioners.
6. Considering the facts and circumstances of the
case, the petitioners are directed to be released on bail on their
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Court below where the case is pending/successor
court in connection with Khizarsarai P.S. Case No. 385 of 2025,
subject to the following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
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every date fixed, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioners and in case at any stage, it is found that the
petitioners have concealed their criminal antecedents, the trial
court shall take step for cancellation of bail bonds of the
petitioners. However, the acceptance of bail bonds in terms of
the above mentioned order shall not be delayed for purpose of
or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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