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Patna High Court

Dilkush Kumar @ Dilkhush KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that no fresh ground existed to overturn the earlier order and the seriousness of the offences justified continued custody.

Summary

The petitioner, Dilkush Kumar, was arrested in connection with an extortion and murder case (Salmari P.S. Case No. 102 of 2024) under Sections 308(5) and 111(1) of the Bharatiya Nyaya Sanhita, 2023. He sought regular bail for the second time after an earlier bail application was rejected on 18 June 2025. The prosecution alleged that the petitioner was a member of a gang led by Shankar Yadav that demanded a Rs. 15 lakh extortion and killed a businessman who refused to pay. The court found no fresh ground to revisit its earlier decision and considered the seriousness of the offences and the petitioner’s alleged gang involvement. Consequently, the court dismissed the bail application and directed that the trial be expedited.

Issues considered

  • Whether the petitioner is entitled to bail despite the gravity of the offences under Sections 308(5) and 111(1) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether any fresh ground exists to warrant a review of the earlier bail denial.

Legislation cited

Subjects

  • bail
  • extortion
  • murder
  • gang involvement
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10765 of 2026
                         Arising Out of PS. Case No.-102 Year-2024 Thana- Salmari District- Katihar
                 ======================================================
                 Dilkush Kumar @ Dilkhush Kumar S/O Chandardev Yadav Resident Of
                 Village- Srinagar Chharrapati, Police Station- Sahebpur Kamal, District-
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Ajit Kumar Singh, Advocate
                 For the State             :        Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Salmari P.S. Case

                   No. 102 of 2024 registered for the offence under Sections

                   308(5), 111(1) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 18.06.2025 passed in Cr. Misc.

                   No. 36617 of 2025, which reads as under:

                                             “Heard the learned counsel for the
                                  petitioner and learned APP for the State.
                                             2. The petitioner, who is in custody
                                  since 21.12.2024, seeks regular bail in
                                  connection with Salmari P.S. Case No. 102 of
                                  2024 registered for the offence under Sections
                                  308(5), 111(1) of the Bharatiya Nyaya Sanhita,
                                  2023.
           Patna High Court CR. MISC. No.10765 of 2026(2) dt.16-02-2026
                                                       2/2




                                              3. As per the prosecution case, one
                                   Shankar Yadav demanded extortion of Rs. 15
                                   Lakh from the informant who is a businessman.
                                              4. The police raided the house of
                                   Shankar Yadav and the gang members of
                                   Shankar Yadav were arrested from the house of
                                   Shankar Yadav. Petitioner is one of them. It has
                                   come during investigation that the petitioner
                                   and other co-accused persons along with
                                   Shankar Yadav were involved in demanding
                                   extortion and killing the businessman who
                                   refused to pay the ransom. The self inculpatory
                                   statement of co-accused supports the same.
                                              5. Considering the fact that the
                                   petitioner is a gang member of Shankar Yadav, a
                                   dreaded criminal in the district of Katihar and
                                   this petitioner is also involved in demanding
                                   extortion, killing, etc., I am not inclined to grant
                                   bail to the petitioner. Accordingly, this
                                   application for regular bail is hereby rejected.
                                              6. The Trial is directed to be
                                   expedited.”

                                  4. Considering the gravity of the offence and the fact

                     that no fresh ground for grant of bail is made out, I am not

                     inclined to review my earlier order.

                                  5. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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