ITEM NO.301 COURT NO.7 SECTION II-A

UPON hearing the counsel the Court made the following

O R D E R

1. In pursuance of our last Order dated 26-2-2026, the petitioner has filed an affidavit of compliance stating as under:-

AFFIDAVIT OF COMPLIANCE CUM DETAILED STRUCTURED SUBMISSIONS ON BEHALF OF THE PETITIONER IN SLP (CRL.) 4073 OF 2025 TITLED AS “ALOK KUMAR VS. STATE OF BIHAR AND ORS.”

(UNDER ORDERS DATED 12.08.2025 AND 26.02.2026 OF THIS HON’BLE COURT)

I, Alok Kumar, S/o Late Shri Padam Singh, aged about 52 years, Resident of Yogipur, Chitragupta Nagar, P.S. Patrakar Nagar, P.O. Lohianagar, Kankarbagh, Patna – 800020, presently on interim bail pursuant to the orders of this Hon’ble Court, do hereby solemnly affirm and state on oath as under:

I. PREFATORY SUBMISSION AND SCOPE OF THE PRESENT AFFIDAVIT

1. This affidavit is filed in compliance with the specific directions issued by this Hon’ble Court vide Order dated 26.02.2026, read with and in continuation of the earlier Order dated 12.08.2025 passed in the present Special Leave Petition.

2. The present affidavit is not a routine compliance filing. It is intended to place before this Hon’ble Court a comprehensive factual, financial and legal matrix so that the continuation of interim bail may be considered in the proper constitutional and recovery-oriented perspective in which this Hon’ble Court initially granted such liberty.

3. The Petitioner respectfully submits that the orders dated 12.08.2025 and 26.02.2026 together constitute a judicially supervised recovery framework. The interim bail granted by this Hon’ble Court was granted to ensure that the Petitioner is able to satisfy the liability arising out of the FIRs registered against him while also working towards restitution of other homebuyers and not merely to the personal liberty of the Petitioner in isolation. The Petitioner has already undergone incarceration for approximately two years and ten months prior to being enlarged on interim bail. The jurisprudence of this Hon’ble Court has consistently held that bail is the rule and jail the exception, particularly where pre-trial detention assumes a punitive character. The present case is not one involving allegations of violence, threat to witnesses, or flight risk. It is fundamentally financial-regulatory in character. The continuation of interim bail under strict supervision would be consistent with constitutional principles and the recovery-oriented approach already adopted by this Hon’ble Court.

II. BACKGROUND – ORDER DATED 12.08.2025

4. By a considered and detailed order dated 12.08.2025, this Hon’ble Court to give an opportunity to the Petitioner for settling the claims arising out of the FIRs registered against the Petitioner and directed as follows:

(a) Subsequent FIRs arising out of the same transaction be treated as statements under Section 161 CrPC;

(b) Directed consolidation of proceedings and the first FIR dated 11.01.2018 registered with Shastri Nagar Police Station, Patna, Bihar and subsequent FIRs be treated as statement under Section 161 of The Criminal Procedure Code;

(c) Granted interim bail for a period of six months;

(d) Directed the Petitioner to deposit a sum of ₹9,94,00,357/- with the Registry of this Hon’ble Court, within a period of six months.

5. The Petitioner respectfully submits that the tenor and structure of the order dated 12.08.2025 clearly demonstrate that this Hon’ble Court adopted a pragmatic and restitution-driven approach, recognising that continued incarceration, in the peculiar facts of the present case, would not necessarily advance the financial interests of the aggrieved allottees.

6. The liberty granted was conditional, structured and purposive. It was not a gratuitous enlargement, but an instrument to enable monetisation of assets so that interest of the home buyers may be secured.

7. The Petitioner was thus entrusted, under the direct supervision of this Hon’ble Court, with the