Patna High Court
Alok Kumar Singh @ Alok Kumar @ Alok Ranjan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to the petitioner with conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Alok Kumar Singh, sought anticipatory bail fearing arrest in a case registered under Section 87 of the Bihar Negotiable Instruments Act, based on an FIR filed by informant Shailesh Singh. The FIR alleged that a girl went missing and was later found to have been taken by the petitioner to Patna, though she later returned and did not allege any sexual assault. The petitioner argued that the relationship with the girl was consensual, there was no allegation of sexual exploitation, and he is a 20‑year‑old student with a criminal antecedent. The State opposed bail, citing the antecedent and the girl’s statement. The court, noting the lack of sexual assault allegation and the petitioner’s undertaking to cooperate, granted anticipatory bail with stringent conditions under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR and his criminal antecedent
- Whether the absence of a sexual assault allegation and the petitioner’s undertakings justify bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 87
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438
- criminal antecedent
- victim statement
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54142 of 2025
Arising Out of PS. Case No.-194 Year-2025 Thana- MASHRAK District- Saran
======================================================
Alok Kumar Singh @ Alok Kumar @ Alok Ranjan Singh S/o- Hari Shankar
Singh @ Hari Singh R/o - Gaura Bishunpura, P.S - Gaura, District - Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shailesh Singh Late Damodar Singh R/o vill- Charihara P.S. - Masharakh
Dist- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv.
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 17-01-2026 Heard Mr. Sanjay Kumar Jha, learned Counsel for the
petitioner and Md. Fahimuddin, learned APP for the State.
2. The petitioner apprehends his arrest in connection with
Masrakh (Masharakh) P.S. Case No. 194 of 2025 for the offence
registered under sections 87 of BNS lodged on 06.05.2025 by the
informant, Shailesh Singh.
3. As per the prosecution story, the informant alleged that
the victim girl went to attend the classes but failed to return and upon
knowledge that this petitioner has taken away, the FIR. Subsequently,
the victim girl returned and made statement alleging that this
petitioner took her to Patna but later, upon knowledge of case, she
returned.
4. Learned Counsel for the petitioner submits that they
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were in relationship, moved on their own, only because the FIR
lodged, the girl under the pressure of the family has made such
statement. Even then, she has not alleged any sexual
exploitation/assault.
5. Learned APP for the State, on the other hand, opposes
the prayer for anticipatory bail submitting that this petitioner has
criminal antecedent and allegation is supported by the statement the
girl has made.
6. Allegation is there, it is also correct that the petitioner
has criminal antecedent. However, considering the fact that he is a
student, twenty years of age as submitted by learned counsel for the
petitioner, there is no allegation of sexual exploitation/assault and an
undertaking has been given that he will have no truck with the victim
and shall co-operate in the investigation/trial, in that background, this
Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the order,
shall be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like amount
each to the satisfaction of the learned Court of ACJM-VIIth in
connection with Masrakh (Masharakh) P.S. Case No. 194 of 2025
subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
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document (Aadhar Card, PAN Card, Driving License, Voter ID) to
show his bona fide;
(ii) the petitioner 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 bail bond by
the Trial court itself;
(iii) the petitioner shall appear before the concerned police
station every fortnight for next six months to mark attendance and at
the end of the period, the certificate be submitted to the Court;
(iv) the petitioner 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;
(v) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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