Md. Sattar @ Saddam @ Md. Sattar Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7628 of 2026 Arising Out of PS. Case No.-213 Year-2025 Thana- Marnga District- Purnia ====================================================== Md. Sattar @ Saddam @ Md. Sattar Saddam, S/o- Rafique Nadaf, Resident of village- Manganpatti, P.S- Falka, Dist- Katihar, Old Resid.- Jabbe Kushaar, P.S.- Bhawanipur Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Maranga P.S. Case No. 213 of 2025 dated 16.06.2025 registered for the offence punishable under Sections 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the alleged date of occurrence the informant, who was a Police Officer, was checking the vehicle coming from Harda. In the meantime, at about 15:10 PM, two persons riding on a motorcycle were seen approaching from Harda side. They were signalled to stop for checking the vehicle and upon
2/4 being questioned regarding the said motorcycle, they failed to give any satisfactory explanation and instead stated that the motorcycle is stolen and they have no any valid document of the said vehicle. They further disclosed that they had purchased the motorcycle from one Suman Kumar Yadav for a consideration amount of Rs. 14,000/-.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is a bonafide purchaser of the said motorcycle which was seized by the police on the date of the seizure. The said motorcycle was purchased from one Suman Kumar Yadav for consideration amount of Rs. 14,000/-. However, the motorcycle has not been transferred through the office of District Transport Office. It is also submitted that there is no complaint of theft against the said motorcycle. The police has presumed that the said motorcycle is stolen motorcycle. The petitioner is in custody since 18.10.2025, having five criminal cases against him and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
3/4 for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Maranga P.S. Case No. 213 of 2025, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will
4/4 be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in the case by the trial court.
(Khatim Reza, J) prabhat/- U T