Supreme Court – Daily Orders
Alok Kumar vs The State Of Bihar on 12 August, 2025
sLP(Crl.) No.4073/2025
ITEM NO.46 COURT NO.7 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.4073/2025
[Arising out of impugned final judgment and order dated
07-02-2025 in CRWJC No. 1523/2023 passed by the High Court of
Judicature at Patna]
ALOK KUMAR Petitioner(s)
VERSUS
THE STATE OF BIHAR & ORS. Respondent(s)
(IA No. 69649/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT,IA No. 69650/2025 - EXEMPTION FROM FILING O.T.,IA No.
183888/2025 - EXEMPTION FROM FILING O.T.,IA No. 160991/2025 -
EXEMPTION FROM FILING O.T.,IA No. 188194/2025 - INTERVENTION
APPLICATION,IA No. 159135/2025 - RELEASE OF THE FIXED DEPOSIT)
Date : 12-08-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE R. MAHADEVAN
For Petitioner(s) :Mr. Vikas Singh, Sr. Adv.
Mr. Varun Singh, Adv.
Mr. Nitin Saluja, AOR
Mr. Ytharth Kumar, Adv.
Mr. Mohammad Atif Ahmed, Adv.
Ms. Deepeika Kalia, Adv.
Mr. Sudeep Chandra, Adv.
Signature Not Verified
Digitally signed by
1
CHANDRESH
Date: 2025.08.13
17:40:01 IST
Reason:
sLP(Crl.) No.4073/2025
For Respondent(s) : Mr. Samir Ali Khan, AOR
Mr. Pranjal Sharma, Adv.
Mr. Kashif Irshad Khan, Adv.
Mr. Arvind Kumar Sharma, AOR
Mr. S.D.Sanjay, A.S.G.
Mr. Arkaj Kumar, Adv.
Mr. Akshay Amritanshu, Adv.
Mr. Annam Venkatesh, Adv.
Mr. Diyam Aggarwal, Adv.
Mr. Shubham Prakash Mishra, Adv.
Mr. Kumar Deepraj, Adv.
Mr. Sunil Prakash Sharma, AOR
Mr. Rohit Kumar Singh, AOR
Mr. Punit Kumar, Adv.
Ms. Silki Trehan, Adv.
Mr. Shivam Sharma, Adv.
Mr. Akash Kumar, Adv.
Mr. Shikhar Srivastava, Adv.
Ms. Prerna Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1. This petition arises from the order passed by the High
Court of Judicature at Patna dated 07.02.2025 in Criminal Writ
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sLP(Crl.) No.4073/2025
Jurisdiction Case No. 1523 of 2023 by which the High Court
declined to club all the FIRs registered against the petitioner
and the Company in which he is one of the Directors.
2. The Company by name “Agrani Homes” is engaged in the
business of Real Estate Development. The Company undertakes
construction of residential apartments, Commercial buildings
etc.
3. In all 81 FIRs have been registered so far against the
petitioner. According to the petitioner, the total liability
fastened on him and on the Company, so far as 81 FIRs is
concerned comes to around Rs.13,94,00,357/- (Rupees thirteen
crore ninety four lakh three hundred fifty seven only). Of
course, this figure has been very vehemently disputed by the
other side.
4. The first FIR came to be registered against the petitioner
on 11.01.2018 with Shastri Nagar Police Station, Patna, Bihar
for the offence punishable under Section 420 of the Indian
Penal Code, 1860 (for short “the IPC”) and Section 138 of the
Negotiable Instruments Act, 1881 (for short “the NI Act”).
5. This FIR has now culminated in a criminal case, which is
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sLP(Crl.) No.4073/2025
pending in the Court of ACJM-IX, Patna, Sadar Patna, State of
Bihar.
6. The petitioner has been in custody since 14-10-2022 and so
far he has been enlarged on bail in 10 cases.
7. We also take notice of the fact that the High Court vide
order dated 02-08-2023 passed in Writ Petition (C) No. 1150 of
2022 had ordered clubbing of the investigation in all cases
registered with the Economic Offences Unit (for short “the
EOU”). However, the High Court declined clubbing of the FIRs.
8. In such circumstances, referred to above, the petitioner
is here before this Court with the present petition.
9. Our Order dated 20-3-2025 reads as under:-
“1. We heard Mr. Vikas Singh, the learned senior
counsel appearing for the petitioner. Prima-facie it
appears from the materials on record that there are in
all 78 FIRs registered against the petitioner.
2. These FIRs have been registered by home buyers. It
appears that the petitioner is a builder/developer. He
floated a scheme and is alleged to have collected about
Rs.13 crore from different individuals interested in the
purchase of the flats. However, the flats were not
constructed & the petitioner is alleged to have duped all
the home buyers.
3. At this stage, Mr. Singh pointed out that the amount of
Rs.13 crore figures only in the FIRs, there could be
some more amount that the petitioner might have recovered
from the different individuals.
4. The petitioner is in judicial custody past two years.
His prayer is two-fold (i) he wants all the FIRs to be
clubbed and (ii) secondly, he wants bail.
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sLP(Crl.) No.4073/2025
5. We are inclined to consider both the prayers provided
the petitioner agrees to deposit a reasonable amount.
6. In this regard, Mr. Singh prayed for a short
adjournment to seek appropriate instructions from his
client.
7. List on 01.04.2025.”
10. Our subsequent Order dated 01-04-2025 reads thus:-
“1. xxx xxx xxx xxx
2. Today when the matter was taken up for hearing,
Mr.Vikas Singh, the learned Senior Counsel appearing
for the petitioner submitted that out of Rs.13 Crore,
his client has already paid Rs.3.17 Crore to
different home buyers. He makes a statement upon
instructions that his client is ready and willing to
deposit Rs.3 Crore more and over and above, he is
offering a property running in the name of her mother
valued at Rs.4 Crore by way of security.
3. We are of the view that instead of accepting any
immovable property, as a security, the petitioner
should deposit an amount of Rs.4 Crore (Four Crore)
with the Registry of this Court, within a period of
four weeks from today.
4. If the amount of Rs.4 Crore (Four Crore) is
deposited with the Registry of this Court, the same
shall be invested with a Nationalized Bank in a short
term fixed deposit with auto renewal facility. Upon
deposit we shall consider the plea for bail and the
clubbing of the FIRs.
5. Post it after four weeks.”
11. There is no doubt that the petitioner has incurred a huge
debt and in the process has also put various home buyers in
difficulty.
12. We would like to take a practical view of the matter only
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sLP(Crl.) No.4073/2025
keeping in mind the interest of the home buyers.
13. We want to give one chance to the petitioner to workout
the modalities for the purpose of settling the various claims
of the home buyers including the various decrees he has
suffered at the end of RERA.
14. Keeping the petitioner in jail for an indefinite period of
time is not going to serve any good purpose, so far as the
interest of the home buyers is concerned.
15. In such circumstances, referred to above, the first thing
that we should do is to order clubbing of all the 81
FIRs/Criminal Cases registered against the petitioner.
16. We direct that the very first FIR registered against the
petitioner dated 11.01.2018 with the Shastri Nagar Police
Station, Patna, Bihar shall be treated as the main FIR. All
other First Information Reports shall be treated as statements
under Section 161 of the Criminal Procedure Code, 1973 (for
short “the CrPC”). We are passing this order in tune with the
decision of this Court in the case of “Satinder Singh Bhasin
v. State of U.P. and Another” reported in 2023 (14) SCC 805.
17. We clarify that any FIR that may be registered against the
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sLP(Crl.) No.4073/2025
petitioner and the Company in future with respect to delivery
of property to home buyers shall also be treated as a Statement
under Section 161 of the CrPC.
18. The petitioner has filed two undertakings before this
Court
19. We take notice of the fact that one undertaking has been
filed by the petitioner namely Alok Kumar, S/o Padam Singh and
the second undertaking is filed by the son of the petitioner
namely Shashwat.
20. Both the undertakings dated 06.08.2025 read thus:-
“I, Alok Kumar, S/o Padam Singh, Aged 52 years, R/o
Yogipur, Chitragupta Nagar, P.S.- Patrakar Nagar,
P.O.-Lohianagar, Kankarbagh, Patna- 800020 at
presently in Camp District Jail, Phulwarisharif Patna
(Bihar)-800014, do hereby solemnly affirm and stated
as under:-
1. That I am the Petitioner in the above captioned
Petition, and I am conversant with the facts and
circumstances of the case and hence competent to file
the present Affidavit.
2. That the Petitioner’s total liability in all the
81 FIRs amounts to Rs. 13,94,00,357 (Rupees Thirteen
Crores Ninety-Four Lakhs Three Hundred Fifty-Seven
only).
3. That as per the Order dated 01.04.2025 of this
Hon’ble Court, the Petitioner has already deposited
Rs. 4,00,00,000/- (Rupees Four.Crores Only) with the
Registry.
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sLP(Crl.) No.4073/2025
4. That as per the directions of this Hon’ble Court
on 05.08.2025, I hereby undertake to file proof of
settlement or settle the balance amount of Rs.
9,94,00,357 (Rupees Nine Crores Ninety-Four Lakhs
Three Hundred Fifty-Seven Only) with respect to all
81 FIRs against the Petitioner within 6 months from
the date of release, if not already settled prior to
filing of the instant Petition.
UNDERTAKING
I, Shashwat, S/o Alok Kumar, Aged 22 years, R/o
Yogipur, Chitragupta Nagru:, P.S.- Patrakar Nagar,
P.O.-Lohianagar, Kankarbagh, Patna- 800020 at
presently in New Delhi, do hereby solemnly affirm and
stated as under:-
1. That I am the Pairokar/son of the Petitioner in
the above captioned Petition, and I am conversant
with the facts and circumstances of the case and
hence competent to file the present Affidavit.
2. That the Petitioner’s total liability in all the
81 FIRs amounts to Rs. 13,94,00,357 (Rupees Thirteen
Crores Ninety-Four Lakhs Three Hundred Fifty-Seven
only).
3. That as per the Order dated 01.04.2025 of this
Hon’ble Court, the Petitioner has already deposited
Rs. 4,00,00,000/- (Rupees Four Crores Only) with the
Registry.
4. That as per the directions of this Hon’ble Comt on
05.08.2025, the Petitioner has undertaken to file
proof of settlement or settle the balance amount of
Rs. 9,94,00,357 (Rupees Nine Crores Ninety-Four Lakhs
Three Hundred Fifty-Seven Only) with respect to all
81 FIRs against the Petitioner within 6 months from
the date of release, if not already settled prior to
filing of the instant Petition.
5. That in case the Petitioner fails to file proof of
settlement or settle the balance amount bearing Rs.
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sLP(Crl.) No.4073/2025
9,94,00,357 (Rupees Nine Crores Ninety-Four Lakhs
Three Hundred Fifty-Seven Only) regarding all 81 FIRs
within 6 months from the date of release, I would
also be personally bound by the said undertaking
given by the Petitioner.”
21. The Petitioner has filed one further undertaking dated
11.08.2025 which reads thus:-
“AFFIDAVIT
I, Alok Kumar, S/o Padam Singh, Aged 52 years, R/o
Yogipur, Chitragupta Nagar, P.S.- Patrakar Nagar, P.O.-
Lohianagar, Kankarbagh, Patna- 800020 at presently in Camp
District Jail, Phulwarisharif, Patna, Bihar – 800014, do
hereby solemnly affirm and stated as under:-
That I am the Petitioner in the above captioned Petition,
and I am conversant with the facts and circumstances of the
case and hence competent to file the present Affidavit.
This Affidavit is being filed in compliance of the Order
dated 08.08.2025 by this Court, wherein the Petitioner was
directed to submit the list of properties in the name of
Petitioner and its Companies. There is one (1) property, a
residential flat, registered in the name of the Petitioner,
there are seven (7) properties registered in the name of
Petitioner’s company and there are sixty-two (62)
properties for which development agreement have been
executed in the name of the Petitioner’s Company.
A list of property is annexed as ANNEXURE P-1.
That the first FIR was registered against the Petitioner
on 11.01.2018 at P.S.: Shashtri Nagar under Section 420
IPC, 1960 and Section 138 NIA, 1881 which is pending in
the Court of ACJM IX, Patna Sadar, Patna, Bihar. At
present, there are a total of 81 FIRs/Criminal Cases
registered against the Petitioner.
The list of 81 FIRs/Criminal Cases registered against
the Petitioner is hereby annexed and marked as ANNEXURE P-
2.
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sLP(Crl.) No.4073/2025
That the Petitioner agrees that the Petitioner shall take
the permission of this Court before selling any property
registered in his name or in the name of his company, as
mentioned in the list annexed hereto.
22. Today the son of the petitioner namely Shashwat has filed
an affidavit providing information as regards the properties
registered in the name of the petitioner and various companies.
The affidavit along with annexures is ordered to be taken on
record.
23. The undertaking dated 11.08.2025 filed by Shashwat, S/o
Alok Kumar reads thus:-
“I, Shashwat, S/o Alok Kumar, Aged 22 years, R/o Yogipur,
Chitragupta Nagar, P.S.- Patrakar Nagar, P.O.-Lohianagar,
Kankarbagh, Patna- 800020 at presently in New Delhi, do
hereby solemnly affirm and stated as under:-
1. That I am the Pairokar/son of the Petitioner in
the above captioned Petition, and I am conversant with
the facts and circumstances of the case and hence
competent to file the present Affidavit.
2. This Affidavit is being filed in compliance of the
Order dated 08.08.2025 by this Court, wherein the
Petitioner was directed to submit the list of
properties in the name of Petitioner and its
Companies. There is one (1) property, a residential
flat, registered in the name of the Petitioner, there
are seven (7) properties registered in the name of
Petitioner’s company and there are sixty-two (62)
properties for which development agreement have been
executed in the name of the Petitioner’s Company.
A list of property is annexed as ANNEXURE P-1.
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sLP(Crl.) No.4073/2025
3. That the first FIR was registered against the
Petitioner on 11.01.2018 at P.S.: Shashtri Nagar
under Section 420 IPC, 1960 and Section 138 NIA, 1881
which is pending in the Court of ACJM IX, Patna
Sadar, Patna, Bihar. At present, there are a total of
81 FIRs/Criminal Cases registered against the
Petitioner.
The list of 81 FIRs/Criminal Cases registered against
the Petitioner is hereby annexed and marked as
ANNEXURE P-2.
4. That the Petitioner agrees that the Petitioner
shall take the permission of this Court before selling
any property registered in his name or in the name of
his company, as mentioned in the list annexed hereto.”
24. The list contains the details of the properties owned by
the petitioner and the companies and also the various
development agreements entered into with third parties.
25. In such circumstances, referred to above, we direct that
the petitioner be released on temporary bail for a period of
six months to enable him to deposit an amount of
Rs.9,94,00,357/- (Rs. Nine crore ninety four lakh three hundred
fifty seven only) with the Registry of this Court and also with
a view to give him an opportunity to settle the claims with
various home buyers.
26. The petitioner is ordered to be released on temporary bail
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sLP(Crl.) No.4073/2025
for a period of six months on furnishing bail bonds of
Rs.5,00,000/- (Rupees five lakh only) with one solvent surety
of the like amount to the satisfaction of concerned trial court
with further conditions as under:-
(i) The petitioner shall surrender his passport, if
not yet, with the Registry of this Court within a
period of 08 (eight) days from today. At this stage,
the learned counsel pointed out that the Passport of
the petitioner is with the RERA authorities. If that
be so, the RERA shall hand over the passport of the
petitioner to the Registry of this Court.
(ii) The petitioner shall mark his presence at the
Shastri Nagar Police Station, Patna, Bihar once in a
fortnight on every Sunday.
(iii) The petitioner shall not transfer or create any
third party rights or interest on any of the immovable
properties running in his name including the properties
in the name of the Companies without the prior
permission of this Court.
(iv) We make it explicitly clear that the deposit of
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sLP(Crl.) No.4073/2025Rs.9,94,00,357/- (Rupees Nine crore ninety four lakh &
three hundred fifty seven only) should not be construed
by the petitioner as full and final settlement of all
the dues and claims. This amount ultimately has to be
distributed amongst all the home buyers.
27. We hope that the petitioner is able to make the most of
this indulgence granted by us, keeping in mind only the
interest of the home buyers.
28. On the expiry of six months, if the petitioner has not
been able to deposit the amount, referred to above, then we may
proceed to pass further appropriate order cancelling the bail
or putting an end to the temporary bail granted by us.
29. The aforesaid is without prejudice to the rights of RERA
to execute the decree in accordance with law.
30. No sooner the petitioner furnishes bail with one solvent
surety of the like amount, referred to above, he shall be
released on temporary bail forthwith, subject to the aforesaid
conditions.
31. We clarify that so far as the ED is concerned, it shall
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sLP(Crl.) No.4073/2025
proceed in its own way, in accordance with law.
32. List this matter before this Bench on 24.02.2026 on the
top of the Board alongwith applications for intervention,
subject to curing the defects.
(CHANDRESH) (POOJA SHARMA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
#The original affidavit dt 11.8.2025 handed over in Court on behalf
of Alok Kumar is annexed herewith.
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