Patna High Court
Junaid AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petition for pre‑arrest bail, granting bail to the petitioner subject to conditions.
Summary
The petitioner, Junaid Alam, sought pre‑arrest bail in a criminal case registered under sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He was not named in the FIR; his name surfaced only through the confessional statement of co‑accused Sujit Kumar, who had already been granted bail. The confession alleged that Alam merely disclosed the location of the deceased, while the alleged firing was attributed to other accused persons. The State opposed the bail on the ground of the seriousness of the offences. The High Court, after considering the limited role attributed to the petitioner and the nature of the evidence, allowed the bail on the condition of a Rs.10,000 bond with two sureties and subject to the provisions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether a pre‑arrest bail should be granted to a person whose name appears in the investigation only through a co‑accused's confession.
- Whether the allegations against the petitioner under sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, warrant denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- pre‑arrest bail
- confession
- co‑accused
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90408 of 2025
Arising Out of PS. Case No.-240 Year-2025 Thana- BIKRAM District- Patna
======================================================
Junaid Alam S/O Md. Asgar Ali R/O Ward No.- 6 Nejampur Singhara, P.S.-
Bikram, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, A.P.P.
Mr. Jay Karn, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 04-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 103(1), 61(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023
3. Petitioner is not named in the FIR. Petitioner’s
name has come in this case during course of investigation on the
basis of confessional statement of co-accused Sujit Kumar who
has already been allowed bail by a co-ordinate bench of this
court vide order passed in Cr.Mis.No. 83712/2025. Even as per
confession, petitioner only provided the location of deceased to
other accused persons. Allegation of firing has been attributed to
other co-accused Prince Kumar and Indal Paswan.
4. Learned counsel for the State and the informant
oppose the prayer for pre-arrest bail.
Patna High Court CR. MISC. No.90408 of 2025(3) dt.04-02-2026
2/2
5. Considering the aforesaid facts of the case, prayer
for bail of this petitioner is allowed. In the event of
arrest/surrender within eight weeks from today, let this
petitioner, mentioned above, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of Additional Chief Judicial
Magistrate VI, Danapur in Bikram Police Station Case No.
240/2025, subject to the conditions laid down under section 482
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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