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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
           Patna High Court CR. MISC. No.91493 of 2025(3) dt.11-02-2026
                                                       3/3




                     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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