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Patna High Court

Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted subject to payment of a demand draft of Rs. 44,500 and compliance with conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

Alok Kumar was arrested in connection with a case alleging misappropriation of Rs. 3,79,353 and parcels while employed as a delivery boy. He applied for bail, claiming innocence and stating he had taken a personal loan of Rs. 44,500 from the employer, which he was ready to repay. The State opposed bail. The High Court directed the petitioner to furnish a demand draft of Rs. 44,500 to the company before granting bail and ordered a bail bond of Rs. 10,000 with two sureties. Bail was granted subject to verification of repayment, appearance before the trial court, and non‑interference with witnesses. The order was made under Section 482(2) of the Bharatiya Nyaya Sanhita.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for offences under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita
  • Whether the petitioner must first repay the personal loan before bail can be released

Legislation cited

Subjects

  • bail
  • criminal procedure
  • misappropriation
  • personal loan
  • Section 482
  • Bharatiya Nyaya Sanhita
  • delivery service

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90116 of 2025
                    Arising Out of PS. Case No.-198 Year-2025 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
                 Alok Kumar Son of Late Satya Prakash Resident of village- Nagar Patna,
                 Punpun, Patna and At present at Murarpur, Kali Asthan Tauquid Ahmad Lane
                 Gaya ji, Ps- Kotwali, Dist- Gaya ji
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Singh
                 For the Opposite Party/s :      Mr. Md. Mushtaque Alam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   23-02-2026                         Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Kotwali P.S. Case No.198 of 2025, dated

                   12.04.2025 registered for the offence punishable under Sections

                   316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita.

                                   3. The prosecution case, in brief, is that the

                   petitioner and two co-accused persons, namely, Pankaj Kumar

                   and Mahesh Prasad, were working as delivery boys with

                   Identify Plus Delivery Service Pvt. Ltd., Bihar and Jharkhand. It

                   is alleged that they misappropriated Rs. 1,95,301/- and 672

                   parcels worth Rs. 1,84,052/-, i.e., a total sum of Rs. 3,79,353/-,

                   from the company.

                                   4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90116 of 2025(3) dt.23-02-2026
                                            2/3




          the petitioner is innocent and has been falsely implicated in this

          case. He further submits that the petitioner was working as a

          delivery boy in the said company and, in the course of his

          employment, had taken a personal loan of Rs. 44,500/- from the

          company, which he is ready to repay. Lastly, it is submitted that

          the petitioner has no criminal antecedents.

                          5. On the other hand, the learned APP for the State

          has opposed the prayer for bail of the petitioner.

                          6. Considering the submissions made on behalf of

          the petitioner, this Court directs the petitioner to prepare a

          demand draft of the amount in question, i.e., Rs. 44,500/-, in

          favour of the said company, and the same shall be paid to the

          authorised office-bearer of the company before furnishing the

          bail bonds.

                       7. In view of the above, let the above named

          petitioner, be released on bail, in the event of his arrest or

          surrender before the learned Court below within a period of six

          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 the learned C.J.M., Gayaji/Successor

          Court in connection with Kotwali P.S. Case No.198 of 2025,

          subject to the conditions as laid down under Section 482(2) of
               Patna High Court CR. MISC. No.90116 of 2025(3) dt.23-02-2026
                                                           3/3




                         the BNSS as well as the following conditions:

                                      (i) The learned court below shall accept the bail bonds

                         of the petitioner only after verifying that the amount in question

                         has been refunded to the concerned company.

                                      (ii) One of the bailors should be the family

                         member/relative/known of the petitioner(s) who shall provide

                         official document/ personal affidavit to show his/her bona fide;

                                      (iii) the petitioner(s) shall appear on each and every

                         date before the Trial Court and failure to do so for two

                         consecutive       dates     without      plausible   reason   will   entail

                         cancellation of his/her/their bail bond by the Trial Court itself;

                                      (iv) the petitioner(s) shall in no way try to induce or

                         promise or threat the witnesses or tamper with the evidences,

                         failing which the State shall be at liberty to take steps for

                         cancellation of the bail bonds;

                                      (v) the petitioner(s) shall desist from committing any

                         criminal offence again, failing which the State shall be at liberty

                         to take steps for cancellation of their bail bonds.



                                                                   (Ajit Kumar, J)
shikha/-

U          T


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