Patna High Court
Shiva KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the court was not inclined to grant it given the gravity of the offence.
Summary
The petitioner, Shiva Kumar, was arrested in a case registered under Sections 308(3) and 308(4) of the B.N.S. for allegedly making an extortion call demanding Rs 10 lakhs using his mobile number. He contended that he was falsely implicated and that his neighbour, Vicky Kumar, had been using a SIM card issued in his name. The petitioner, who is already on bail in another criminal matter, offered to cooperate with the investigation. The State opposed bail, arguing that the petitioner’s mobile number was used for the ransom demand. The Court, considering the seriousness of the alleged extortion offence, declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 308(3) and 308(4) of the B.N.S. involving alleged extortion using his mobile number.
Legislation cited
- B.N.S. — s. 308(3), 308(4)
Subjects
- bail
- extortion
- mobile SIM misuse
- false implication
- Criminal Procedure
- Sections 308(3)
- Sections 308(4)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20841 of 2026
Arising Out of PS. Case No.-414 Year-2025 Thana- PATRAKARNAGAR District- Patna
======================================================
Shiva Kumar son of Umesh Prasad @ Tunnu Prasad Resident Of Mohalla
-Sonar Toli Chandi Ki Devi Ps- Khajekalan District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Patrakar Nagar P.S. Case No. 414/2025 registered for the
offences punishable under Sections 308(3)/ 308(4) of B.N.S.
3. As per the prosecution case, an extortion call
demanding Rs. 10 lakhs was made from the mobile number of
the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that one Vicky Kumar who is neighbour of the
petitioner was using the SIM card which has been issued on the
documents of the petitioner. Learned counsel further submits
that he has one criminal antecedent in which he is on bail and he
Patna High Court CR. MISC. No.20841 of 2026(2) dt.01-04-2026
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is in custody since 21.11.2025. The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that the mobile
number of the petitioner has been used for demanding ransom of
Rs. 10 lakhs.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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