Patna High Court
Md. Wasim AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding no sufficient grounds to deny bail.
Summary
The petitioner, Md. Wasim Alam, was arrested in connection with a theft of Rs.15,160 and a tablet alleged to have been stolen from a bank credit officer. He contended that he was not named in the FIR, that the tablet was found in a damaged condition and repaired by him, and that the investigation lacked a proper TIP, casting doubt on its fairness. The State opposed bail, citing recovery of the stolen tablet from the petitioner. The court examined the evidence, noting the absence of proven complicity, the filing of a charge‑sheet, the petitioner’s clean antecedent, and the lack of risk of tampering with evidence. Considering these factors, the court granted regular bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding attendance and non‑tampering.
Issues considered
- Whether regular bail should be granted to the petitioner accused under Sections 392 and 411 IPC.
- Whether the prosecution has established sufficient prima facie evidence of the petitioner’s participation in the alleged theft.
Legislation cited
- Indian Penal Code — s. 392, 411
Subjects
- regular bail
- theft
- IPC 392
- IPC 411
- criminal procedure
- investigation
- TIP
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90428 of 2025
Arising Out of PS. Case No.-130 Year-2024 Thana- PIRPAINTI District- Bhagalpur
======================================================
Md. Wasim Alam Son of Md. Fakhruddin @ Md. FDakhruddin Alam
Resident of Village- Sundarpur, P.S.- Pirpainti, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vipin Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection
with Pirpainti P.S. Case No. 130 of 2024 registered for the
offences punishable under Sections 392 and 411 of I.P.C.
3. As per prosecution-case, the informant, who is
employed as a Credit Officer in Utkarsh Small Finance Bank,
proceeded for money collection and collected the total amount
of Rs. 15,160/-. It is further alleged that two boys riding a black
Apache motorcycle came from the Athania side, stopped the
motorcycle in front of the informant and snatched the total
collected amount of Rs. 15,160/- as well as the company’s tablet
from his bag. The boy riding the motorcycle was 30 years old,
approximately 5 feet 4 inches tall. It is alleged that the
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informant threw his two mobile phones and the keys of his
motorcycle in the field and both the persons took away the total
collection of Rs. 15,160/- and the company’s tablet.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. Petitioner is not named in the F.I.R. During
the course of investigation, the police apprehended the
petitioner and stolen tablet was recovered from the petitioner.
He confessed that the said tablet was found in a damaged
condition and he got the tablet repaired in Sah market and he
was using the same. It is further submitted that no T.I.P. was
conducted and the failure of prosecution to conduct T.I.P.
demonstrates that investigation was not carried out in a proper
manner, thereby casting serious doubt on the fairness of the
investigation. Learned counsel further submits that at worst he
can be held guilty for using the stolen article. He was bona fide
user of the tablet as he found the tablet in a damaged condition
and he was using by repairing in a particular shop. He is having
no criminal antecedent and F.I.R. was lodged on 07.03.2024 and
the said tablet was recovered after six months from the date of
occurrence and the tablet was not with the petitioner during the
relevant period of alleged offence. It is crystal clear that the
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C.D.R. of mobile number of the informant clearly denotes that it
was not located at the place of occurrence, which means that the
informant was not present at the scene when occurrence took
place.
5. Learned A.P.P. vehemently opposes the prayer of
bail and has submitted that there is recovery of stolen tablet
from the petitioner. Hence, the petitioner does not deserve bail.
6. Considering the facts and circumstances of the
case, period of custody, complicity of the petitioner in the
alleged offence has not been proved, charge-sheet has already
been submitted, there is no likelihood of tampering with the
prosecution evidence, clean antecedent of the petitioner,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, let the petitioner
above named be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Bhagalpur in
connection with Pirpainti P.S. Case No. 130 of 2024, subject to
following conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
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(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) 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.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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