Patna High Court
Alok Kumar @ Alok AryaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
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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