Patna High Court
Dilkush Kumar @ Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 111(1), 308(5)
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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