Md. Ismail @ Isail v. The State Of Bihar

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 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