Created by Fuzzy Cloud

Patna High Court

Alok Yadav @ Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to strict conditions, as the FIR did not name him and the evidence of involvement was insufficient.

Summary

The petitioner, Alok Yadav, sought bail in a theft case (PS Case No. 56 of 2025) where his name was not mentioned in the FIR but appeared in a supervision report. He claimed innocence and argued that no substantive material linked him to the alleged theft of a motorcycle. The prosecution opposed bail, highlighting six prior criminal antecedents. The court noted that the petitioner was not named in the FIR and that the only basis for his implication was the supervision report, and therefore ordered bail with a Rs.10,000 bond, two sureties, and several conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order also mandated cooperation with the trial, presence in court, and verification of his criminal antecedents, with provisions for cancellation if conditions were breached.

Issues considered

  • Whether bail should be granted to a person not named in the FIR but implicated through a supervision report, despite prior criminal antecedents.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita are applicable in this circumstance.
  • Whether the petitioner’s alleged involvement warrants pre‑trial detention.

Legislation cited

Subjects

  • bail
  • supervision report
  • FIR
  • criminal antecedents
  • Section 438 CrPC
  • Section 482 B.N.S.
  • theft
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91216 of 2025
                  Arising Out of PS. Case No.-56 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Alok Yadav @ Alok Kumar Son of Motilal Yadav Resident Of Village -Balua
                 Rampurwa Laukaria, Ps -Bairiya, Dist -West Champaran

                                                                                  ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ram Kishun Prasad, Advocate
                 For the Opposite Party/s :         Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-02-2026                    Heard Mr. Ram Kishun Prasad, learned counsel for

                   the petitioner and           Mr. Harendra Prasad, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Chanpatiya P.S. Case No. 56 of 2025, F.I.R.

                   dated 25.03.2025 for the offences punishable under Sections

                   303(2), 317(2), 317 of Bharatiya Nyay Sanhita, 2023.

                               3. As per the First Information Report, the informant

                   alleged       that         his    motorcycle        bearing        registration

                   no.BR22AH7360 was stolen when he parked it behind Utkarsh

                   Bank.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. Petitioner is not named in the FIR and his name
Patna High Court CR. MISC. No.91216 of 2025(2) dt.17-02-2026
                                            2/3




          transpired on the basis of supervision report and except the

          aforesaid, no other cogent material has come during

          investigation which suggest the involvement of the petitioner in

          the present occurrence.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries six criminal antecedents other

          than the present one.

                       6. Considering the aforesaid facts and circumstances,

          petitioner is not named in the FIR and his name transpired on

          the basis of supervision report, let the petitioner, above named,

          in the event of arrest or surrender before the court below within

          a period of thirty days from the date of receipt of the order, 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 the learned Chief Judicial Magistrate, Bettiah,

          West Champaran in connection with Chanpatiya P.S. Case No.

          56 of 2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure / Section 482(2) of

          the Bhartiya Nagarik Suraksha Sanhita and with other following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.91216 of 2025(2) dt.17-02-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his 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

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.