Patna High CourtCR. MISC./6770/2026allowed

Md. Alam v. The State Of Bihar

2026-02-10Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6770 of 2026 Arising Out of PS. Case No.-72 Year-2025 Thana- GANGABRIDGE District- Vaishali ====================================================== Md. Alam S/o Md. Nasim Resident of Village - Danka Imali Loha Godam, Gaighat, P.S - Alamganj, District - Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 317 (5) of the BNS.

3. The case of the prosecution is that the three persons including the petitioner were apprehended by the police and on being asked, they disclosed that they have stolen the erickshaw from Patna and had come to sell it.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner. It is further submitted that all the witnesses are

Patna High Court CR. MISC. No.6770 of 2026(2) dt.10-02-2026 2/2 police personnel and that the police have not followed the mandatory provision of Section 105 of the BNS while making the seizure. It is further submitted that the allegation of theft has been levelled against three persons jointly. Moreover, the petitioner is languishing in judicial custody since 23.05.2025 and is having criminal antecedent of one case. 5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ganga Bridge P.S. Case No. 72 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned (Ashok Kumar Pandey, J) Jagdish/- U T