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2026 DAILYLAW 7498 (PAT)

Sah Alam v. The State of Bihar

CR. MISC./22476/2026 · 2026-04-07

Rajesh Kumar Verma

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22476 of 2026 Arising Out of PS. Case No.-810 Year-2025 Thana- PATNA GRP CASE District- Patna ====================================================== 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 ====================================================== Appearance : For the Petitioner/s : Mr.Anup Kumar Pandey, Advocate For the Opposite Party/s : Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 07-04-2026 Heard Mr.Anup Kumar Pandey, learned counsel for the petitioner and Mr.Surendra Kumar, learned A.P.P. for the State. 2. 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. 3. The relates to recovery of one blue coloured HMD company keypad and one white coloured realme company smartphone from possession of the petitioner. 4. 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 Patna High Court CR. MISC. No.22476 of 2026(2) dt.07-04-2026 2/3 the present case merely on the ground of his previous criminal antecedents and it appears from the seizure list that there is non- compliance of Sections 103 and 105 of BNSS, 2023. Learned counsel for the petitioner submits that the similarly situated co- accused 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. 5. 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. 6. 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:- Patna High Court CR. MISC. No.22476 of 2026(2) dt.07-04-2026 3/3 (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. (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. (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. Nitesh/- (Rajesh Kumar Verma, J) U T