Patna High Court
Alok Kumar Ray @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail to the petitioner.
Summary
Alok Kumar Ray sought anticipatory bail in a case where he was accused under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023 for a robbery allegedly committed on 13 September 2025. The prosecution alleged that the petitioner was identified in CCTV footage and the case diary linked him to the theft of Rs. 1,50,000. The petitioner’s counsel argued that he is an innocent neighbour, that his presence in the footage is natural, and that he has a clean antecedent, seeking bail on the basis of mere suspicion. The State opposed the bail, emphasizing the identification and diary entries. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, finding the material before it insufficient to justify release.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of identification in CCTV footage.
- Whether mere suspicion and neighbourly proximity constitute sufficient grounds to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- anticipatory bail
- robbery
- CCTV identification
- suspicion
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16671 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- SAMHO District- Begusarai
======================================================
Alok Kumar Ray @ Alok Kumar S/O Late Shankar Ray Resident of Village-
Akbarpur Chalis, Post- Akbarpur, Akbarpur, Police Station- Chanpura,
District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Adv.
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Samho P.S. Case No. 31 of 2025 lodged on 14.09.2025, for
the offence punishable under Sections 305, 331(4) of the
Bharatiya Nyaya Sanhita, 2023, pending in the Court of Sub-
Judge IV cum A.C.J.M.-IV, Begusarai.
3. As per the prosecution, FIR has been lodged against
the sole petitioner. The allegation in the FIR is that on
13.09.2025 at about 04.30 A.M., some accused persons came at
the house of the informant and looted Rs. 1,50,000/- in cash.
Subsequently, the petitioner was identified in the CCTV
footage.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.16671 of 2026(3) dt.06-05-2026
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petitioner is innocent and has committed no offence. Counsel
submits that the petitioner and the informant, both are adjacent
neighbours and only on the basis of suspicion, petitioner’s name
has figured in this case. He submits that since, the petitioner is
the adjacent neighbour, so automatically, it is natural that he has
been figured in the CCTV footage. Counsel submits that on
previous occasion, case diary has been called for. He further
submits that the petitioner has clean antecedent and he is ready
to fulfill all the conditions whatsoever shall be imposed upon
him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the petitioner has been
identified in the CCTV footage and in the case diary also, his
involvement has come.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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