Aalok Kumar @ Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44908 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- DARIHAT District- Rohtas ====================================================== Aalok Kumar @ Alok Kumar S/O Lalan Singh R/O Village- Hurka, P.S.- Darihat, Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 08-07-2026 Heard the learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Darihat P.S. Case No. 17 of 2026 for allegedly having committed offences under Sections 126(2), 115(2), 117(2), 109, 118(1), 118(2), 351(3), 352, 190 and 191(3) of B.N.S., 2023.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant, to the effect that he is running a restaurant in his village wherein he used to sell food items as well as cold drinks etc. On the date of occurrence, while he was closing his shop at around 10:00 in the night, all the accused persons, including the petitioner came there and asked for cold drink. When the same was refused by the informant, they started using filthy language and in the
2/4 meantime, co-accused, Lalan Singh assaulted the informant with a lathi on his back. Co-accused, Satyendra Singh with an intention to kill the informant assaulted him on his head with a sword which hit him on his hand and he sustained injuries. The allegation against the petitioner is that he assaulted with a sword on the back of the informant. Subsequently, other co-accused persons also assaulted the informant, due to which he sustained injuries on different parts of his body and when on hulla, Bindeshwari Singh and Nand Kumar Singh came, they informed the police, thereafter the informant was taken to hospital and was treated there.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He submits that due to some misunderstanding with regard to payment of the amount for cold drink, an altercation took place in between the parties. He further submits that although the altercation took place in the night of 21.02.2026, but, the First Information Report was lodged on 22.02.2026 at 04:30 p.m. He further submits that from the injury report, which has been annexed at Annexure-P/2 to the present anticipatory bail petition, it would transpire that the injuries sustained by the informant have been found to be simple in nature by the treating
3/4 doctor. He further submits that the petitioner has got a clean antecedent.
5. Per contra, the learned APP appearing on behalf of the State opposes the prayer for grant of anticipatory bail to the petitioner.
6. Having considered the rival submissions and after going through the records, it appears that the allegation against the petitioner is of assaulting the informant with a sword on his back. So far the allegation of assault upon his head is concerned, the same is against another co-accused. From perusal of the injury report, which has been brought on record by way of Annexure-P/2, it would transpire that the treating doctor found three injuries on the body of the informant and all the injuries were found to be simple in nature.
7. Taking into consideration the facts aforesaid, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Civil Court, Dehri, Sasaram, Rohtas in connection with Darihat P.S. Case No.17 of 2026, subject to the conditions laid down under Section 482(2) of the
4/4 B.N.S.S with a further condition that:- The learned court concerned 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 concerned shall take steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/- U T