Aalok Kumar @ Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83110 of 2025 Arising Out of PS. Case No.-230 Year-2025 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1.
Aalok Kumar @ Alok Kumar Son of Chandar Ram R/o Village - Bajitpur Majhauli @ Vajitpur Majhauli, P.S. - Bochahan, Dist. - Muzaffarpur. 2.
Anmol Kumar Son of Santosh Ram R/o Village - Bajitpur Majhauli @ Vajitpur Majhauli, P.S. - Bochahan, Dist. - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bochahan P.S. Case No. 230 of 2025, registered for the offences punishable under Sections 127(2), 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioners were allegedly engaged in eve teasing of the daughter of the informant and when the protest was made, they alongwith other accused persons rushed to the house of the informant and started abusing. When the same was
Patna High Court CR. MISC. No.83110 of 2025(2) dt.17-12-2025 2/3 again protested, they started assaulting the informant. The son of the informant came to her rescue, whereupon he was also assaulted by means of hasuli over their head, due to which he sustained serious injury and taken to the hospital.
4. Learned Advocate appearing on behalf of the petitioners submitted that the alleged occurrence took place on 07.09.2025, but surprisingly the present FIR came to be instituted on 12.09.2025, without there being any explanation for delay, that too when the FIR categorically states that on the alleged date of occurrence itself the police personnels reached at the place of occurrence. The injury which are allegedly sustained to the son of the informant, appears to be simple in nature, as is discussed in the impugned order. The petitioners are men of tender age having fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that besides the specific accusation of eve teasing the petitioners have also assaulted the mother and son of the victim, when protest was made.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of
Patna High Court CR. MISC. No.83110 of 2025(2) dt.17-12-2025 3/3 the delay in lodging of the FIR, coupled with the simple nature of injury as well as fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-9th, Muzaffarpur in connection with Bochanan P.S. Case No. 230 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further following conditions:- (i) That one of the bailors shall be the own/close family members of the petitioner.
(ii) During subsistence of their bail, if the petitioners are made accused in any offence like this perpetrated against the informant or his family members, the same shall constitute breach of condition of bail entailing cancellation of bail bond(s). (Harish Kumar, J) supratim/- U T