Alok Singh @ Niraj Kumar @ Alok Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22529 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Alok Singh @ Niraj Kumar @ Alok Kr. Singh S/o Sri Baij Nath Singh R/o vill and P.O. - Masarh, P.s.- Udwantnagar, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-07-2025 Heard Learned Counsel for the petitioner, Learned Counsel for the informant and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Udwantnagar P.S. Case No. 23 of 2025, lodged on 12.01.2025, under Sections 109 /115(2) /126(2) / 118/351(2)/351(3)/352 of the B.N.S. 2023.
3. As per the prosecution, FIR has been lodged against the petitioner with allegation that he has assaulted by iron rod on the informant due to which injury has been caused at eye and nose and when the petitioner fell down then also the petitioner has continuously assaulted. Subsequent allegation is that he
Patna High Court CR. MISC. No.22529 of 2025(3) dt.02-07-2025 2/3 snatched Gold chain and cash of Rs.5,000/- from the pocket of the informant.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that he has been falsely implicated in this case. Counsel submits that antecedent of the petitioner is clean. Counsel submits that he is young student of Veer Kunwar Singh University and only due to dispute in the election of Mukhiya false case has been filed against him. Counsel submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned Counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that there is specific allegation of assault by the petitioner to the informant. Counsel submits that in the rejection order it has been specifically observed by the Sessions Court that one injury was grievous. It has come in paragraph-31 of the case-diary.
6. Learned APP for the State opposes the prayer for bail and submits that case-diary has been called for.
7. Upon perusal of the case-diary it transpires that two injuries are grievous in nature and one injury is simple.
8. In that view of the matter, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for
Patna High Court CR. MISC. No.22529 of 2025(3) dt.02-07-2025 3/3 anticipatory bail of the petitioner is hereby refused. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered on the same day without being prejudiced by the order of this Court. (Dr. Anshuman, J) Mkr./- U T