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Patna High Court

Alok Kumar @ Alok AryaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the evidence sufficiently links the petitioner to the murder.

Summary

The petitioner, Alok Kumar, applied for regular bail in a murder case (PS Case No. 561 of 2025) under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner entered the informant's house, assaulted the informant's elder brother with a knife, causing injuries that proved fatal, as shown by CCTV footage and post‑mortem report. The petitioner claimed false implication, lack of eye‑witnesses, and questioned the authenticity of the CCTV footage, emphasizing his young age, clean record, and that investigation was complete after a year of custody. The State opposed bail, relying on the investigative material and trial court’s earlier denial. The High Court, after hearing both sides, found the allegations substantiated by the FIR, CCTV, and medical evidence and therefore refused to grant bail.

Issues considered

  • Whether the petitioner is entitled to regular bail under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in view of the evidence presented.

Legislation cited

Subjects

  • bail
  • murder
  • criminal procedure
  • CCTV evidence
  • post‑mortem report
  • false implication
  • enquiry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26637 of 2026
                    Arising Out of PS. Case No.-561 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Alok Kumar @ Alok Arya, S/o Saroj Kumar Gupta, Resident of Village- New
                 Chandmari, P.S.- Town, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhurendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                                                 Mr. Raj Dular Sah, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   01-07-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Motihari Town P.S. Case

                   no.561 of 2025 registered under sections 103(1) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that the petitioner entered his house and caused grievous injuries

                   on his elder brother with a knife. The informant’s elder brother

                   was taken to the hospital where he died. The informant further

                   states that the other accused persons named in the F.I.R. have a

                   hand in getting the occurrence carried out. There is enmity

                   between the parties.
Patna High Court CR. MISC. No.26637 of 2026(3) dt.01-07-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case because of

          enmity between the parties which would be evident from the

          contents of the F.I.R. itself. There is no eye-witness to the

          alleged occurrence and so far as the CCTV footage is

          concerned, the authenticity of the same still needs to be verified.

          The petitioner has remained in custody for more than 1 year

          since 21.6.2025 and investigation in the case is complete. The

          petitioner is a 19 year old boy and undertakes to cooperate in the

          investigation/trial. He has no criminal antecedent.

                       5. The prayer for bail is opposed by learned A.P.P for

          the State and learned counsel for the informant. Learned counsel

          for the informant submits referring to the material that has

          transpired in course of investigation and the order of the learned

          trial Court rejecting the application for bail of the petitioner that

          in the CCTV footage, it has clearly come that the petitioner

          entered the house of the elder brother of the informant and came

          out followed by the elder brother of the informant coming out in

          an injured condition as a result of the petitioner having assaulted

          him in his stomach with a knife. The injury proved fatal. Thus

          the petitioner is the assailant of the deceased.

                       6. Having heard learned counsel for the parties and
            Patna High Court CR. MISC. No.26637 of 2026(3) dt.01-07-2026
                                                        3/3




                      taking into consideration the allegations against the petitioner in

                      the F.I.R., the contents of the CCTV footage which has

                      transpired in course of investigation, the corresponding injury

                      having been found in the postmortem report all leading to

                      substantiate the allegations of the petitioner being the assailant

                      of the deceased, the Court is not inclined to enlarge the

                      petitioner on bail and the application is rejected.



                                                     (Partha Sarthy, J)
avinash/-

U      T


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