Alok Kumar @ Alok Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Alok Kumar @ Alok Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: on arrest or surrender within eight weeks, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned CJM, Aurangabad, in connection with Pauthu P.S. Case No. 90 of 2024, subject to conditions under section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Pauthu P.S. Case No. 90 of 2024 registered for offences punishable under sections 137(2), 96 and 3(5) of the BNS Act, are entitled to anticipatory bail.

Court's answer

In the event of arrest or surrender within eight weeks, the petitioners are to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned CJM, Aurangabad, in connection with Pauthu P.S. Case No. 90 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Ratio / Principle

The grant of anticipatory bail rests on the Court's consideration of the victim's 183 BNSS statement, the clean antecedent of the petitioners and other circumstances of the case.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J.) enlarges two brothers of the main co-accused on pre-arrest bail in Pauthu P.S. Case No. 90 of 2024 (District Aurangabad), registered for offences under sections 137(2), 96 and 3(5) of the BNS Act, arising from the alleged kidnapping of the informant's sister on pretext of marriage (incident dated 03.09.2024). Grant rests on the victim's statement under section 183 of BNSS 2023, which made specific allegations only against co-accused Kavi Kumar (who allegedly kept her at Gujrat for 15 days) and nothing against the petitioners, coupled with their claimed clean antecedents and other circumstances. Direction operates on arrest or surrender within eight weeks; bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Decided 07-04-2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4863 of 2025

Arising Out of PS. Case No.-90 Year-2024 Thana- PAUTHU District- Aurangabad

======================================================

1 . Alok Kumar @ Alok Paswan Son of Vinod Paswan @ Vinod Ram Resident of Village- Sonbarsa, P.S.- Pauthu, Distt.- Aurangabad, Bihar

Ansu Kumar @ Anshu Kumar @ Anshu Ram Son of Vinod Paswan @ Vinod Ram Resident of Village- Sonbarsa, P.S.- Pauthu, Distt.- Aurangabad, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rupa Kumari , Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad , APP

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 07-04-2025 Heard learned counsel for the petitioners and the

State .

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 137 ( 2 ), 96, 3 (5) of the BNS Act.

3 . As per the prosecution case , informant namely sudharshan Kumar alleged that on 03.09.2024 , his sister went to school but did not return home . During search , informant learned that all the accused persons including these petitioners kidnapped her on pretext of marriage .

It is submitted on behalf of the petitioners that petitioner are innocent and have committed no offence as

Patna High Court CR. MISC. No.4863 of 2025(3) dt.07-04-2025 2/3

alleged. As a matter of fact, there was love affairs between the sister of informant and co-accused Kabi Kumar and out of love both of them left their house without giving any information to the family members. Petitioners have been made accused in this case merely because they happen to be own brothers of coaccused Kavi Kumar. The victim in her statement recorded under section 183 of BNSS 2023 has made specific allegation against co-accused Kavi Kumar who kept her at Gujrat for 15 days and has not alleged anything wrong against these petitioners. Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail

petition .

6 Considering the 183 bnss statement of the victim, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM Aurangabad in connection with Pauthu P.S. Case No. 90 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita

Patna High Court CR. MISC. No.4863 of 2025(3) dt.07-04-2025 3/3

( BNSS) , 2023 .

(Prabhat Kumar Singh, J)

Koushik/-

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