Patna High Court
Alok @ Alok Kumar Pandey @ Alok Sharma @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered the release of the petitioner on bail subject to a bond and specified conditions.
Summary
The petitioner, Alok Kumar, was arrested on 21 August 2025 in connection with a 2020 FIR alleging offences under multiple sections of the IPC, the Uttar Pradesh Act and the Criminal Law Amendment Act. He filed a bail petition claiming the FIR was fabricated, that the informant was not an eye‑witness, and that no material evidence besides a confession linked him to the crime. The State opposed bail, relying on the confession and the petitioner’s other pending cases, though he was on bail in those. The Court examined the lack of substantive evidence beyond the confession and the petitioner’s criminal antecedents, and concluded that bail could be granted with a bond and strict conditions. Accordingly, the petitioner was released on bail subject to a Rs 10,000 bond, two sureties, and conditions regarding trial attendance, evidence tampering, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the existence of a confession.
- Whether the lack of corroborative evidence beyond the confession justifies bail.
- Whether the petitioner’s other pending cases affect the bail decision.
Legislation cited
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 120-B, 121(a), 124(A), 147, 148, 149, 365, 427, 435, 448, 506
Subjects
- bail
- criminal procedure
- IPC offences
- confession
- investigation
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90367 of 2025
Arising Out of PS. Case No.-21 Year-2020 Thana- ROSHANGANJ District- Gaya
======================================================
Alok @ Alok Kumar Pandey @ Alok Sharma @ Alok Kumar S/O Raj
Nandan Sharma @ Rajna Nadan Azad @ Azad Sharma Resident of Village -
Parta, P.S- Amba,Dist- Aurangabd
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Sagar, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-04-2026 Heard Mr.Jitendra Kumar Sagar,learned counsel for
the petitioner and Mr.Chandra Sen Prasad Singh, learned
A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
21.08.2025 in connection with Raushanganj (Banke Bazar)
P.S. Case No. 21 of 2020, F.I.R. dated 07.02.2020 registered
for the offence punishable under Sections 147,148,149,120-
B,121(a),124(A),427,435,448,506 and 365 of IPC and
Sections 10,13,16,18,20 U.A.P. Act and Section 17 of C.L.A
Act.
3.The prosecution case as alleged in the self
statement of Sanjay Kumar SHO Banke Bazar stating inter
alia therein that on the night of 06.02.2020 at about 8:00 PM
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information on the mobile received in which it was informed
that Dumri, Mahavirganj near Moraiya village on a vehicle set
fire by the Mawobadi and clerk of the construction parties
namely Binod Yadav had been kidnapped. It was also reported
by the Government agency, local people, local press reporters
and security forces. Thereafter Mawobadi locked the house of
Rajesh Singh Bhokta village Moraniya. Having got the
aforesaid information on 07.02.2020 reached at the place of
the occurrence alongwith STF, CRPF Sondaha camp, SHO
Lutua and others forces and got secret information that 20
people of Mawobadi bearing dresses holding arms in their
hands. In the aforesaid team of Mawobadi head leaders name
Sandeep Yadav alongwith 13 named accused including
petitioner and 6 to 7 unknown persons. First of all they have
lit fire on roller near Dumri Primary School thereafter locked
the door of Rajesh Singh Bhokta and subsequently kidnapped
Binod Yadav and giving slogan they fled away the side of
forest area. Having taken photographs Tractor and roller,
seizure list prepared Accordingly FIR lodged.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
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alleged in the FIR. From a bare perusal of the FIR it appears
that the informant is not the eye witness of the alleged
occurrence and he has lodged the present case merely on the
basis of secret information. Learned counsel for the petitioner
submits that thereafter threating the petitioner he has been
arrested and he has confessed his guilt in the present
occurrence and apart from that, no other cogent material has
come during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence and
petitioner has been made accused in the present case merely
on the basis of his previous criminal antecedents and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 21.08.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner has
confessed his guilt in the present occurrence but fairly submits
that except the confession, no other cogent material has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence.
Further submits that the petitioner carries four more cases
other than the present one but he fairly submits that the
petitioner is on bail in all the cases, as mentioned in para-3 of
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the bail petition
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.,
Sherghati, Gaya in connection with Raushanganj (Banke
Bazar) P.S. Case No. 21 of 2020,with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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