Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 3(5), 482(2)
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
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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
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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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