Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14265 of 2025 Arising Out of PS. Case No.-256 Year-2024 Thana- DHANARUA District- Patna ====================================================== Alok Kumar S/O Arvind Prasad Resident of Village- Lalsa Chak, P.SDhanarua, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Nandan Pandit, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Dhanarua P.S. Case No. 256 of 2024 dated 20.05.2024 instituted for the offences under Section 392 of the Indian Penal Code. He has two criminal antecedents, i.e., (i) Punpun P.S. Case No. 30 of 2023 registered for the offences under Sections 379 and 411/34 IPC and (ii) Dhanarua P.S. Case No. 384 of 2024 registered for the offences under Sections 305 and 331(4) of the Bhartiya Nyay Sanhita, 2023.
3. The prosecution case is to the effect that the informant, who was working as delivery boy, while he was returning to his office some miscreants on the point of pistol had snatched away Rs. 15,640/- from him and also taken away
2/4 goods which were kept in a bag as well as the key of the motorcycle.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has been taken into remand in this case while he was in custody in connection with Dhanrua P.S. Case No. 384/2024. Learned counsel further submits that no incriminating article was recovered from the possession of the petitioner and till date no T.I.P. has been conducted. It is next submitted that one coaccused namely Satya Kumar @ Tantan has been granted bail by this Hon'ble Court vide order dated 14.05.2025 passed in Cr. Misc. No. 26215/2025. It is lastly submitted that the petitioner has three criminal antecedents and is in custody since 19.10.2024.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that the petitioner is involved in a case of organized crime.
6. Considering the aforesaid submissions of learned counsel and taking into account that no incriminating article has been recovered from the possession of the, let the petitioner above named, is directed to be released on bail on furnishing
3/4 bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 256 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) And further condition that the court below shall verify the criminal antecedent of the petitioner except the above-mentioned two cases and in case at any stage it is found that the petitioner has concealed his criminal antecedent except these two cases, 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 the same or in the name of verification.
7. In view of the antecedents of the petitioner, the
4/4 petitioner is directed to appear before the Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) tusharika/- U T