Allowed¶20

Sah Alam v. The State of Bihar

Patna HC7 Apr 2026CR. MISC./22476/2026

Case brief

AI extract

What is this about?

Bail granted; Patna High Court Crl. Misc. No.22476 of 2026 (order dt. 07-04-2026, Rajesh Kumar Verma, J); GRP Patna Junction P.S. Case No.810 of 2025; offences under Ss.317(5) and 303(2) BNS; recovery of two mobile phones; plea of non-compliance of Ss.103 and 105 BNSS 2023 in seizure; co-accused Shyam Kumar already bailed by court below; petitioner on bail in eleven other cases; bail bond Rs.10,000 with two like sureties; conditions on trial attendance, non-tampering and antecedent verification.

What did the court decide?

Release 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 Rail Judicial Magistrate, Railway, Patna, subject to the three conditions stated in the order. ¶20

Sah Alam Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, in custody since 23.11.2025 in connection with GRP Patna Junction P.S. Case No. 810 of 2025 (offences under Sections 317(5) and 303(2) of BNS), should be released on bail.

¶14

Court's answer

Bail granted: considering the facts of the case and that the similarly situated co-accused (Shyam Kumar) had been granted bail by the learned court below itself, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each.

¶20

Ratio / Principle

Bail is subject to conditions: (i) co-operation in trial and physical presence as directed, with the bail bond cancellable on absence on two consecutive dates without sufficient reason; (ii) liberty to the prosecution to move for cancellation if the petitioner tampers with evidence or witnesses; (iii) the court below shall verify the petitioner's criminal antecedents and take steps to cancel the bail bond if concealment is found, but acceptance of bail bonds shall not be delayed for the purpose of or in the name of verification.

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Detailed headnote1 paragraphs

Bail - grant of (Patna High Court, Rajesh Kumar Verma, J., oral order dated 07-04-2026, Crl. Misc. No.22476 of 2026): petitioner Sah Alam, in custody since 23.11.2025 in GRP Patna Junction P.S. Case No. 810 of 2025 (F.I.R. dated 22.11.2025, offences under Sections 317(5) and 303(2) of BNS) concerning recovery of one HMD keypad phone and one realme smartphone, granted bail. Counsel argued the FIR allegation was false and fabricated, that the petitioner was implicated merely on account of previous criminal antecedents, that the seizure list showed non-compliance of Sections 103 and 105 of BNSS, 2023, and that the similarly situated co-accused Shyam Kumar had already been granted bail by the court below; a chargesheet had been filed after investigation. Learned APP opposed, noting eleven other cases against the petitioner, but conceded he was on bail in all of them. Bail allowed on a bond of Rs.10,000/- with two sureties of the like amount each, subject to conditions: regular appearance in trial (bond cancellable on absence on two consecutive dates without sufficient reason), no tampering with evidence or witnesses, and verification of criminal antecedents by the court below with liberty to cancel the bond on concealment - acceptance of bail bonds not to be delayed for verification.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22476 of 2026

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Arising Out of PS. Case No.-810 Year-2025 Thana- PATNA GRP CASE District- Patna

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======================================================

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Sah Alam S/o- Samsad Ahmad @ Md. Shamshad Resident of Village- Jatan B2 Bijnour PS- Kotwali Town District- Bignour, U.P

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Anup Kumar Pandey, Advocate For the Opposite Party/s : Mr.Surendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 07-04-2026

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Heard Mr.Anup Kumar Pandey, learned counsel for

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the petitioner and Mr.Surendra Kumar, learned A.P.P. for the State.

¶14

The petitioner seeks bail, who is in custody since 23.11.2025 in connection with GRP Patna Junction P.S. Case No. 810 of 2025, F.I.R. dated 22.11.2025 registered for the offence punishable under Sections 317(5) and 303(2) of BNS.

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The relates to recovery of one blue coloured HMD company keypad and one white coloured realme company smartphone from possession of the petitioner.

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Learned counsel appearing for the petitioner submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and the petitioner has been made accused in

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Patna High Court CR. MISC. No.22476 of 2026(2) dt.07-04-2026 2/3

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the present case merely on the ground of his previous criminal antecedents and it appears from the seizure list that there is noncompliance of Sections 103 and 105 of BNSS, 2023. Learned counsel for the petitioner submits that the similarly situated coaccused person, namely, Shyam Kumar, who was apprehended alongwith the petitioner, has been granted bail by the learned court below itself and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 23.11.2025.

¶19

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries eleven more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

¶20

Considering the aforesaid fact and similarly situated co-accused person has been granted bail by the learned court below itself, let the petitioner, above named, 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 Rail Judicial Magistrate, Railway, Patna in connection with GRP Patna Junction P.S. Case No. 810 of 2025, with the following conditions:-

¶21

Patna High Court CR. MISC. No.22476 of 2026(2) dt.07-04-2026 3/3

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(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.

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(Rajesh Kumar Verma, J)

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Nitesh/-

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U T

Sah Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sah Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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