Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69000 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- Gadhiya Bazar District- East Champaran ====================================================== Alok Kumar Son of Late Ruplal Bhagat R/o Village - Mahauta, P.S. - Garahiya Bazar, Dist. - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari, Advocate For the State :

Mr. Abhay Kumar, APP For the Informant :

Mr. Abhishek Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Garahiya Bazar P.S. Case No. 61 of 2025 instituted for the offence under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that on 08.04.2025 at about 4:00 PM, the informant saw her son Shravan Kumar being assaulted by the accused persons near a Bhuja shop, during which petitioner attempted to strike his head with a knife and others also beat him, causing bleeding injuries;

Patna High Court CR. MISC. No.69000 of 2025(3) dt.19-11-2025 2/3 it is further alleged that the accused snatched his gold chain and stole cash, and although villagers intervened and saved him, the accused later threatened to kill both the victim and the informant over mobile phone.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.06.2025. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case as the FIR contains only general and vague allegations. Petitioner was neither present at the place of occurrence nor involved in any illegal act. Multiple counter-complaints filed by his family against the informant's side indicate ongoing village politics and personal enmity. There is case and counter case between the parties bearing Garahiya PS Case No. 59 of 2025. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being case and counter case between the parties and charge sheet being

Patna High Court CR. MISC. No.69000 of 2025(3) dt.19-11-2025 3/3 submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garahiya Bazar P.S. Case No. 61 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T