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Patna High CourtCR. MISC./26637/2026bail rejected

Alok Kumar @ Alok Arya v. The State Of Bihar

2026-07-01Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26637 of 2026 Arising Out of PS. Case No.-561 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Alok Kumar @ Alok Arya, S/o Saroj Kumar Gupta, Resident of Village- New Chandmari, P.S.- Town, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP Mr. Raj Dular Sah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Town P.S. Case no.561 of 2025 registered under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that the petitioner entered his house and caused grievous injuries on his elder brother with a knife. The informant's elder brother was taken to the hospital where he died. The informant further states that the other accused persons named in the F.I.R. have a hand in getting the occurrence carried out. There is enmity between the parties.

Patna High Court CR. MISC. No.26637 of 2026(3) dt.01-07-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of enmity between the parties which would be evident from the contents of the F.I.R. itself. There is no eye-witness to the alleged occurrence and so far as the CCTV footage is concerned, the authenticity of the same still needs to be verified. The petitioner has remained in custody for more than 1 year since 21.6.2025 and investigation in the case is complete. The petitioner is a 19 year old boy and undertakes to cooperate in the investigation/trial. He has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits referring to the material that has transpired in course of investigation and the order of the learned trial Court rejecting the application for bail of the petitioner that in the CCTV footage, it has clearly come that the petitioner entered the house of the elder brother of the informant and came out followed by the elder brother of the informant coming out in an injured condition as a result of the petitioner having assaulted him in his stomach with a knife. The injury proved fatal. Thus the petitioner is the assailant of the deceased.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.26637 of 2026(3) dt.01-07-2026 3/3 taking into consideration the allegations against the petitioner in the F.I.R., the contents of the CCTV footage which has transpired in course of investigation, the corresponding injury having been found in the postmortem report all leading to substantiate the allegations of the petitioner being the assailant of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) avinash/- U T