Mo. Alauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11483 of 2026 Arising Out of PS. Case No.-478 Year-2025 Thana- MUFFASIL District- Aurangabad ====================================================== Mo. Alauddin S/O Late Md. Ali Hussain R/O Village- Nawadih, P.SAurangabad Town, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mukul Kumari, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-04-2026 Heard Ms.Mukul Kumari,learned counsel for the petitioner and Mr.Nawal Kishore Prasad, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 25.12.2025 in connection with Muffasil P.S. Case No. 478 of 2025, G.R.No.3781 of 2025, F.I.R. dated 24.12.2025 registered for the offence punishable under Sections 318(4), 336(3), 338, 111, 3(5 )of BNS, 2023.
3. The case relates to recovery of a piece of gold weighing 50 Gms and one Vivo Mobile phone from possession of the petitioner.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner
Patna High Court CR. MISC. No.11483 of 2026(4) dt.29-04-2026 2/3 has not committed any offence as alleged in the FIR. As per allegation in the FIR, two yellkow metals, one Vivo Mobile has been recovered from possession of the petitioner and one mobile phone was recovered from possession of co-accused person, namely, Manish Kumar and Rishu Kumar and for the same set of allegation, similarly situated co-accused persons, namely, manish Kumar and Rishu Singh @ Kamal Kumar Gautam have been granted bail by different Coordinate Benches of this Hon'ble Court vide orders dated 25.02.2026 and 13.03.2026 passed in Cr. Misc. Nos.9958 of 2026 and 13850 of 2026 respectively and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 25.12.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent, no incriminating article has been recovered from possession of the petitioner and similarly situated co-accused persons have been granted bail by different Coordinate Benches of this Hon'ble Court, 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
Patna High Court CR. MISC. No.11483 of 2026(4) dt.29-04-2026 3/3 satisfaction of learned C.J.M., Aurangabad in connection with Muffasil P.S. Case No. 478 of 2025, G.R.No.3781 of 2025, 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 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