Patna High Court
Alok Yadav @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 303(2), 317, 317(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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