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Patna High Court

Firoj Alam @ Sheikh Firoz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail as a prima facie case for bail is made out.

Summary

The petitioner, Firoj Alam, was implicated in a theft case (Sathi PS Case No.251/2025) alleging that electronic items were stolen from a school computer lab. The FIR claimed the petitioner possessed the stolen articles, but the items were actually recovered from the informant’s house and no incriminating material was found on the petitioner. The petitioner argued that the locked computer room was opened by the informant, indicating only someone with a key could be involved, and that there was no documentary proof of purchase of the items. The State opposed the pre‑arrest bail, but the court found that, in the absence of material linking the petitioner to the theft, a prima facie case for bail existed. Consequently, the court ordered the petitioner’s release on pre‑arrest bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the BNS and verification of any criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the FIR alleging theft under Sections 305, 317(5) and 3(5) of the BNS
  • Whether the absence of incriminating material on the petitioner and lack of purchase documents constitute a prima facie case for bail
  • Whether the conditions under Section 482(2) of the BNS justify granting bail

Subjects

  • pre‑arrest bail
  • theft
  • school computer lab
  • Section 482(2) BNS
  • prima facie
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16072 of 2026
                    Arising Out of PS. Case No.-251 Year-2025 Thana- SATHI District- West Champaran
                 ======================================================
                 Firoj Alam @ Sheikh Firoz Alam S/O Nazmul Hoda Resident of Vill-
                 Katahari, P.S.- Sathi, DIst- West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   04-05-2026                        Heard Mr. Sanjeev Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Anand Kishore

                   Choudhary, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Sathi P.S. Case No. 251/2025 registered for the offence(s)

                   punishable under Sections 305, 317(5), 3(5) of the BNS.

                                3. At the outset, learned counsel appearing on behalf

                   of the informant seeks to file vakalatnama in course of the day.

                                4. Learned counsel is permitted to do so.

                                5. As per the allegation made in the FIR, upon

                   opening the school computer lab, several electronic items were

                   found missing, and on suspicion, petitioner Firoz Alam

                   disclosed possession of the stolen articles, which were

                   subsequently recovered from his house and the Anganwadi
Patna High Court CR. MISC. No.16072 of 2026(3) dt.04-05-2026
                                            2/4




          centre run by his wife.

                       6. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and he has

          falsely been implicated in the present case. From the F.I.R. it

          appears that the computer room was found locked and was

          opened by the informant himself, with no allegation of any

          forced entry, thereby indicating that only a person having access

          to the key could be involved. The alleged stolen articles were

          produced by the informant himself within the school premises

          and no incriminating material has been recovered from the

          possession of the petitioner. The petitioner has been falsely

          implicated to shift the liability, and though he has no direct

          connection with the alleged occurrence. There is              no

          documentary proof substantiating the purchase of the alleged

          articles, such as invoices or tax receipts. On these grounds, the

          petitioner seeks to be released on pre-arrest bail.

                       7. Learned counsel appearing on behalf of the

          Informant and learned APP for the State vehemently opposed

          the prayer for grant of pre-arrest bail.

                       8. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR it appears that the computer room was found locked and
Patna High Court CR. MISC. No.16072 of 2026(3) dt.04-05-2026
                                            3/4




          was opened by the informant himself, with no allegation of any

          forced entry, thereby indicating that only a person having access

          to the key could be involved. The alleged stolen articles have

          been recovered from the possession of the informant himself

          within the school premises and no incriminating material has

          been recovered from the petitioner. In absence of any material

          particulars regarding purchase of the alleged articles, such as

          invoice or tax receipt, I am of the opinion that petitioner has,

          prima facie, made out a case to be released on pre-arrest bail.

                       9. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District Court where the case is pending /

          Concerned Court in connection with Sathi P.S. Case No.

          251/2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                       10. The learned District Court is directed to verify

          the criminal antecedent of the petitioner and if it is found

          that the petitioner is involved in some other cases, as what

          has been stated in paragraph no.3 of the bail application,
           Patna High Court CR. MISC. No.16072 of 2026(3) dt.04-05-2026
                                                       4/4




                     this order will automatically lose its force.



                                               (Purnendu Singh, J)
Ashishsingh/-
U      T


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