Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32973 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- ARWAL District- Jehanabad ====================================================== Alok Kumar Manoj SIngh R/o Village- Rampur, P.S.- Arwal, District- Arwal ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Dubey For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner makes a prayer for bail in connection with Arwal P.S Case No.123 of 2024 registered for offences under Sections 413, 414, 420, 467, 468, 340 of the B.N.S along with Sections 8(c), 21(b) of the N.D.P.S. Act.
3. The prosecution case, as disclosed in the First Information Report, is that a recovery of 6.30 grams of smack with the weight of wrapper was made from one Aman Kumar, who disclosed the name of the petitioner and other co-accused persons, as being members of his gang and they used to steal motorcycles.
Patna High Court CR. MISC. No.32973 of 2025(2) dt.22-05-2025 2/3
4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case only on the basis of a disclosure made by the co-accused Aman Kumar, who was apprehended by the Police. As a matter of fact, there is no recovery of any contraband from the possession of the present petitioner. So far as the recovery of stolen motorcycle is concerned, the same has been recovered from an open space and the learned counsel for the petitioner has pointed out that although, the seizure list was prepared at 07:30 a.m. on 27.03.2025, the same bears the number of the F.I.R., although, the F.I.R. was registered later in the day at 09:45 a.m. This creates suspicion over the sanctity of the seizure list. Further, there is no independent witness to the seizure list and the petitioner's signature also does not find place on the same. The petitioner is a young boy of 19 years of age, having no criminal antecedent and is in custody since 27.03.2025.
5. Learned APP for the State opposes the prayer of bail application.
6. Considering the facts and circumstances, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Principal District &
Patna High Court CR. MISC. No.32973 of 2025(2) dt.22-05-2025 3/3 Sessions Judge, Jehanabad, in connection with Arwal P.S Case No.123 of 2024, subject to the condition that the petitioner shall co-operate in the investigation/trial.
sharun/- (Soni Shrivastava, J) U T