Alok Kumar @ Alok Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52955 of 2024 Arising Out of PS. Case No.-556 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Alok Kumar @ Alok Rai S/o- Shiv Kumar Rai @ Shiv Kumar Singh VillageManachak Haripur, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that Umashankar Rai had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 23435 of 2024 and the same was allowed by an order dated 01.05.2024. It is also submitted that Umashankar Rai @ Sipahi had antecedent of 12 cases and petitioner herein has antecedent of five cases, but then the allegations against them are similar and thus based on parity seeks anticipatory bail. It is next submitted that petitioner will

Patna High Court CR. MISC. No.52955 of 2024(2) dt.10-09-2024 2/3 not abscond rather will co-operate in the investigation to prove his innocence.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Koilwar P.S. Case No. 556 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. One of the bailors of the petitioner shall be his father Shiv Kumar Rai @ Shiv Kumar Singh

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation or is not presenting himself as and when required, in that event the learned Trial Court shall be at liberty to

Patna High Court CR. MISC. No.52955 of 2024(2) dt.10-09-2024 3/3 forthwith cancel the bail bonds of the petitioner after recording reasons.

8. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall lose its effect.

9. Accordingly, the instant anticipatory bail application stands allowed.

10. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.

(Satyavrat Verma, J) Rishabh/- U T