Patna High Court
Firoj Alam @ Sheikh Firoz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
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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
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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,
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this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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