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Patna High Court

Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants anticipatory bail to the petitioner, finding no material justification for his arrest.

Summary

Alok Kumar was named in a 2016 FIR for offences under Sections 419, 420, 467, 468, 471 and 414 of the IPC after a co‑accused, Rahul Kumar, identified him during police interrogation. The petitioner filed an anticipatory bail application, arguing that he is innocent, the seized items are unrelated to him, and that the investigation has stalled for ten years with no incriminating material. The prosecution opposed the bail, but the court noted that the co‑accused had already been granted regular bail and that the case diary showed the last entry on 19‑04‑2026 with no further progress. Relying on the principle that arrest requires material evidence and on the precedent of Gursewak Singh v. State of Punjab, the court found no justification for arresting the petitioner. Consequently, the court granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order requires a bond of Rs.10,000 with two sureties, appearance before the trial court, and prohibitions against tampering with witnesses or committing further offences. The order is effective for thirty days from receipt, after which the petitioner must surrender if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and the material available.
  • Whether the identification by a co‑accused and the passage of time constitute sufficient grounds for arrest.
  • Whether the lack of recent investigative activity and absence of incriminating evidence preclude the necessity of arrest.

Legislation cited

Subjects

  • anticipatory bail
  • delay in investigation
  • co‑accused testimony
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions
  • arrest justification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20213 of 2026
                       Arising Out of PS. Case No.-12 Year-2016 Thana- VISHNUPAD District- Gaya
                 ======================================================
                 Alok Kumar S/O Yogendra Singh @ Jogendra Singh R/O Village - Pakri, P.O-
                 Fatehpur, P.S- Fatehpur, District- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhay Kumar
                 For the Opposite Party/s :       Mr.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   19-05-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Vishnupad P.S. Case No.12 of 2016, F.I.R dated

                   05.02.2016 registered for the offences punishable under

                   Sections 419, 420, 467, 468, 471 and 414 of the Indian Penal

                   Code.

                               3. According to prosecution case, in brief, is that a

                   written report was lodged by Niraj Kumar, who was posted as

                   an A.S.I. at Vishnupad Police Station. On 05.02.2016, officials

                   of the technical cell informed the police that an ATM-swapping

                   gang had arrived at Maranpur More. Acting on the information,

                   the police kept surveillance over the area and noticed two

                   persons arriving in a white Scorpio vehicle and behaving
Patna High Court CR. MISC. No.20213 of 2026(4) dt.19-05-2026
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          suspiciously near the ATM. When the police attempted to

          apprehend them, one person escaped taking advantage of the

          crowd, while the other was caught and disclosed his name as

          Rahul Kumar Singh, and identified the absconding accused as

          Alok Kumar. Upon search, nine ATM cards were recovered

          from the arrested person, who admitted that only two cards

          belonged to him and further confessed that money had already

          been withdrawn twice from the Maranpur More ATM by

          swapping ATM cards.

                      4. Learned Senior counsel for the petitioner submits

          that the petitioner is innocent and has been implicated in the

          present case by the -accused, namely, Rahul Kumar. It has next

          been submitted that the seized articles is in no way connected

          with this petitioner and in order to overcome the delay in

          approaching this Court for filing anticipatory bail application,

          learned Senior Counsel for the petitioner, submits that for the

          allegations levelled in the F.I.R. in the year 2016, the petitioner

          has approached this Court very recently came to know with

          regard to institution of F.I.R. against him, in which he has been

          made an accused while search was being made by the Police.

                      5. Learned Senior Counsel for the petitioner, by

          referring to the judgment rendered in the case of Gursewak
Patna High Court CR. MISC. No.20213 of 2026(4) dt.19-05-2026
                                            3/5




          Singh v. The State of Punjab, Petition for Special Leave to

          Appeal (Crl.) No.11234/2025, submits that if prosecution,

          despite there being specific allegation, has never took any

          process to nab the accused in the span of four years, hence, in

          such event, the accused may not be required to be arrested by

          the prosecution and on this premise, learned Senior Counsel

          further submits that, in the present case, despite specific

          disclosures having been made by the co-accused, the police

          have not made any attempt to arrest the petitioner for the last ten

          years, which, in itself, is sufficient to demonstrate that no cogent

          material was available against the petitioner warranting his

          arrest. It has further been submitted that case dairy was called

          for and from the same, it appears that the last entry is of

          19.04.2026, in which the investigation has not proceeded further

          and because of the lack of any incriminating material collected

          during investigation, the requirement of arresting this petitioner

          has not occasioned to the prosecution.

                      6. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       7. Considering the aforesaid facts and circumstances

          that the name of the petitioner has transpired on the basis of

          disclosure made by the co-accused, namely, Rahul Kumar who
Patna High Court CR. MISC. No.20213 of 2026(4) dt.19-05-2026
                                            4/5




          has already been extended the privilege of regular bail in the

          year 2016 and the seized articles is in no way connected with

          the petitioner and from the case dairy, it appears that the last

          entry is of 19.04.2026, in which the investigation has not

          proceeded further and because of the lack of any incriminating

          material collected during investigation, the requirement of

          arresting this petitioner has not occasioned to the prosecution.

          Accordingly, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       8. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned CJM, Gaya, in connection with

          Vishnupad P.S. Case No.12 of 2016, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;
           Patna High Court CR. MISC. No.20213 of 2026(4) dt.19-05-2026
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                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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