Alok Kumar Singh @ Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65232 of 2025 In CRIMINAL MISCELLANEOUS No.5677 of 2025 Arising Out of PS. Case No.-352 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Alok Kumar Singh @ Alok Kumar Son of Late Shailendra Kumar Singh Resident of village - Chandpura (Chandpura Chakmakrand), Ward No.- 1, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Prince Kumar Son of Dinesh Rai R/O Village - Bishanpur, P.S.- Bachwara, District - Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Shanker For the Opposite Party/s :
Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-09-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The present application has been filed for modification of the order dated 23.07.2025 passed in Cr. Misc. No. 5677 of 2025 whereby the present petitioner has been granted privilege of anticipatory bail subject to the condition that the petitioner shall surrender before the learned court below within a period of four weeks from the date of order.
3. Learned counsel for the petitioner submits that Cr. Misc. No. 5677 / 2025 was filed on 10.01.2025 and after filing of this case one another F.I.R. was registered against the petitioner
Patna High Court CR. MISC. No.65232 of 2025(2) dt.12-09-2025 2/3 bearing Bidupur P.S. Case No. 397 / 2025 dated 11.06.2025 under Sections 316(2), 318(4) / 3(5) of the B.N.S. 2023 and Section 138 of the Negotiable Instrument Act. The petitioner was in judicial custody in connection with Industrial Area P.S. Case No. 179 of 2023 and the petitioner has filed Cr. Misc. No. 33506 / 2025 before this Hon'ble Court for grant of regular bail and the Hon'ble Court considering the illness of the petitioner in custody granted two months provisional bail for treatment to the petitioner vide order dated 09.07.2025 passed in Cr. Misc. No. 33506 / 2025 (Annexure-2). In the meanwhile, the petitioner was taken on remand by the Police on 18.06.2025 in connection with newly registered Bidupur P.S. Case No. 397 / 2025 dated 11.06.2025.
As such, the petitioner could not surrender before the learned court below within stipulated time frame as per the direction of this Hon'ble Court contained in the order dated 23.07.2025 passed in Cr. Misc. No. 5677 / 2025 because he was in custody and a bail application has been filed which is pending. He, accordingly, prays for further two months time to surrender before the learned District Court.
4. Having regard to aforesaid submissions and taking into consideration concealment of fact that on the date of hearing the petitioner was in custody, I am not inclined to entertain the
Patna High Court CR. MISC. No.65232 of 2025(2) dt.12-09-2025 3/3 present modification application. The same is rejected. (Anil Kumar Sinha, J) praful/- U T