Patna High Court
Md. Ismail @ IsailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Md. Ismail, was arrested with a stolen motorcycle after police acted on a tip. He claims he bought the motorcycle in good faith from a co‑accused and is innocent, citing a clean antecedent and that the charge sheet has been filed. The State opposed bail, arguing the seriousness of the offence under Section 317(5) of the BNS, 2023. The court considered the petitioner’s custody duration, clean record, and the charge sheet, and applied the provisions of Section 480(3) of the BNSS. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance and surety qualifications. The bail order was directed to be executed by the Judicial Magistrate‑1st Class, Katihar.
Issues considered
- Whether bail should be granted to the accused under Section 317(5) of the BNS, 2023 considering the facts of the case
- Whether the petitioner’s clean antecedent and the filing of the charge sheet justify bail
Legislation cited
Subjects
- bail
- Section 317(5) BNS
- Section 480(3) BNSS
- clean antecedent
- stolen motorcycle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.981 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- MANSAHI District- Katihar
======================================================
Md. Ismail @ Isail, S/O Md. Rustam Ali, R/O Village- Chhoti Mirkaha, P.S.-
Mansahi, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Awnish Kumar, Advocate
For the Opposite Party/s : Mr.Mohammed Arif,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Mansahi P.S. Case No. 168 of 2025, registered
for the alleged offence under Section 317(5) of BNS, 2023.
3. The petitioner was apprehended with a stolen
motorcycle when police stopped the petitioner on a tip off.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. The petitioner has purchased the said motorcycle from the
co-accused Md. Aarif and was not knowing about the antecedent
of the motorcycle. This fact has also come in the FIR that he
stated before the police that he purchased the motorcycle from
Patna High Court CR. MISC. No.981 of 2026(2) dt.15-01-2026
2/3
the co-accused. The learned counsel further submits that the
petitioner is in custody since 30.10.2025 and is having clean
antecedent. The charge sheet has been submitted.
5. Learned APP vehemently opposes the submission
made on behalf the petitioner.
6. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet, period of custody of the petitioner
and his clean antecedent, the petitioner is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate-1st Class, Katihar/court concerned,
in connection with Mansahi P.S. Case No. 168 of 2025, subject
to the conditions mentioned in Section 480 (3) of BNSS and
also the following conditions :
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable to
Patna High Court CR. MISC. No.981 of 2026(2) dt.15-01-2026
3/3
be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
Checking your session…