Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, directing their release on bond subject to conditions.
Summary
Alok Kumar and Rahul Kumar were arrested in connection with a murder case (Lohiyanagar P.S. Case No. 75 of 2025) alleged under Sections 61(2) and 103(1) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. They claimed they were falsely implicated, asserting an alibi that they were travelling to Vaishno Devi during the incident and that the deceased’s husband was a notorious criminal with whom they had a family feud. The prosecution relied on the informant’s statement, the post‑mortem report, and limited CCTV footage, while the defence highlighted the lack of direct identification, the petitioners’ absence from the crime scene, and prior threats against them. The court examined the material evidence, the background of the dispute, and the length of custody, and concluded that the circumstances did not justify continued detention. Consequently, the court ordered the release of the petitioners on bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 480(3) of the B.N.S. and other directions.
Issues considered
- Whether the petitioners, accused of murder and illegal possession of arms, are entitled to bail under the circumstances of the case.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 480(3), 61(2)
- Code of Criminal Procedure, 1973 — s. 313
Subjects
- bail
- murder
- firearms
- family dispute
- criminal procedure
- B.N.S.
- Arms Act
- post‑mortem
- CCTV
- alibi
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90261 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
1. Alok Kumar Son of Late Dippal Mahto, Resident of village Bagha, P.S.-
Lohiyanagar, District - Begusarai.
2. Rahul Kumar Son of Late Dippal Mahto, Resident of village Bagha, P.S.-
Lohiyanagar, District - Begusarai.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Ajay Kr. Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
For the State : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Lohiyanagar P.S. Case No. 75 of 2025 dated
14.07.2025, registered for the offences punishable under
Sections 61(2) and 103(1) of the B.N.S., 2023 and Section 27 of
the Arms Act.
3. As per the prosecution case, petitioners and other
co-accused persons opened indiscriminate fire upon the husband
of the informant and also on his friend and the assailants were
being instigated by the lady members of their family. The
husband of the informant died during his treatment.
4. Learned counsel appearing on behalf of the
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petitioners submits that petitioners are innocent and they have
falsely been implicated in the present case. The petitioners and
the deceased are agnates and there was relationship of nephew
and uncle between the father-in-law of the informant and the
father of the petitioners, who were own brothers. The father of
the petitioners was killed by the husband of the informant for
which Lohiyanagar P.S. Case No. 419 of 2018 was instituted
against husband of the informant, Amit Kumar and other co-
accused persons. The accused persons of the present case are
chargesheet named witnesses in the said case. Lohiyanagar P.S.
Case no. 419 of 2018 was committed to the Court of Sessions
and Session Trial No. 163 of 2019 started and after framing of
charge, recording of deposition of prosecution witnesses is
going on. The petitioners were being threatened not to depose in
the said case and compromise the matter by the husband of the
informant. When the petitioners did not compromise the matter,
the husband of the informant and others tried to kill the
petitioner, Rahul Kumar, and Begusarai P.S. Case No. 631 of
2019, lodged under Section 307 of the Indian Penal Code read
with Section 27 of the Arms Act, was registered against them.
The said case was also committed for Sessions Trial vide
Session Trial No. 412 of 2023. Learned counsel further submits
Patna High Court CR. MISC. No.90261 of 2025(3) dt.23-02-2026
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that the deceased husband of the informant was a notorious
criminal and was accused in large number of cases and three
such cases were lodged by family members of the petitioners
and the petitioners as well. The deceased has been absconding in
Sessions Trial No. 163 of 2019, though all the witnesses were
examined and the matter was fixed for recording of statement of
accused persons under Section 313 of the Cr.P.C. Learned
counsel further submits that it appears that the deceased
received injury in some other manner, but to take advantage of
this fact, the petitioners have been falsely been implicated in the
present case. In fact, the petitioners were not even present near
the place of occurrence as they were going to Vaishno Devi
from Patna by flight, first to Delhi and thereafter to Vaishno
Devi on 12.07.2025 and returned to Delhi from Jammu on
15.07.2025. Though, the related documents were submitted to
police, but the same was not taken into consideration. The post-
mortem report also falsifies the allegation against the petitioners
and other co-accused persons, since only one fire-arm injury
was found on the person of the deceased. Though, during
investigation police traced some video footage on CCTV
camera, but only two persons fleeing on steel gray bike were
seen, apart from three accused person on another motorcycle but
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none of the footage show the picture of the petitioners. Even the
injured friend of the deceased did not name the petitioners for
being involved in the shooting. Learned counsel next submits
that petitioners are having antecedent of two cases and they are
on bail in the said cases. Learned counsel lastly submits that
petitioners are in custody since 15.09.2025 and chargesheet has
been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioners and
submits that the informant named the petitioners and other co-
accused persons for being involved in the murder of her
husband by opening indiscriminate firing.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
post-mortem report and material available on record against the
petitioners and also considering the background of dispute
between the parties and further considering period of custody of
the petitioners and submission of chargesheet, the petitioners,
above-named, are directed to be released on bail, on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Begusarai / concerned Court,
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in connection with Lohiyanagar P.S. Case No. 75 of 2025,
subject to the condition laid down under Section 480(3) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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