Patna High Court
Mo. AlauddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Alauddin, was arrested on 25‑12‑2025 in connection with a case alleging theft of a 50‑gram gold item and a Vivo mobile phone, under Sections 318(4), 336(3), 338, 111 and 3(5) of the Bihar Negotiable Instruments Act, 2023. He contended that the FIR was fabricated, he has a clean antecedent and no incriminating article was recovered from his possession. The State opposed bail, while the petitioner highlighted that similarly situated co‑accused (Manish Kumar, Rishu Kumar, Rishu Singh @ Kamal Kumar Gautam) had been granted bail by other benches of the same court. The court examined the petition, noting the petitioner’s clean record, lack of seized items, and the precedent of bail to co‑accused, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order also stipulated cancellation of bail for non‑appearance on two consecutive dates without sufficient cause.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged under the Bihar Negotiable Instruments Act, 2023.
- Whether the grant of bail to similarly situated co‑accused influences the decision on the petitioner's bail application.
Subjects
- bail
- criminal procedure
- theft
- gold recovery
- mobile phone
- clean antecedent
- co‑accused precedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11483 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Mo. Alauddin S/O Late Md. Ali Hussain R/O Village- Nawadih, P.S-
Aurangabad Town, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-04-2026 Heard Ms.Mukul Kumari,learned counsel for the
petitioner and Mr.Nawal Kishore Prasad, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
25.12.2025 in connection with Muffasil P.S. Case No. 478 of
2025, G.R.No.3781 of 2025, F.I.R. dated 24.12.2025 registered
for the offence punishable under Sections 318(4), 336(3), 338,
111, 3(5 )of BNS, 2023.
3. The case relates to recovery of a piece of gold
weighing 50 Gms and one Vivo Mobile phone from possession
of the petitioner.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.11483 of 2026(4) dt.29-04-2026
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has not committed any offence as alleged in the FIR. As per
allegation in the FIR, two yellkow metals, one Vivo Mobile has
been recovered from possession of the petitioner and one mobile
phone was recovered from possession of co-accused person,
namely, Manish Kumar and Rishu Kumar and for the same set
of allegation, similarly situated co-accused persons, namely,
manish Kumar and Rishu Singh @ Kamal Kumar Gautam have
been granted bail by different Coordinate Benches of this
Hon’ble Court vide orders dated 25.02.2026 and 13.03.2026
passed in Cr. Misc. Nos.9958 of 2026 and 13850 of 2026
respectively and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 25.12.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, no incriminating article has been recovered from
possession of the petitioner and similarly situated co-accused
persons have been granted bail by different Coordinate Benches
of this Hon’ble Court, 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
Patna High Court CR. MISC. No.11483 of 2026(4) dt.29-04-2026
3/3
satisfaction of learned C.J.M., Aurangabad in connection with
Muffasil P.S. Case No. 478 of 2025, G.R.No.3781 of 2025, with
the following conditions:-
(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.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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