Patna High Court
Rajesh Kumar Yadav @ Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The court denied regular bail to the petitioner, finding that his habitual offender status and pending escape case warranted denial.
Summary
Petitioner Rajesh Kumar Yadav, accused of demanding Rs.2,00,000 as extortion and assaulting a school principal with a lathi, applied for regular bail after being in custody since 6 January 2025 and a charge‑sheet being filed on 15 November 2025. The petitioner argued that the filing of the charge‑sheet constituted a changed circumstance justifying bail. The court noted that the petitioner’s name surfaced through an informant, that he has prior criminal antecedents, and that a separate case under Section 224 of the IPC (escape from custody) is pending against him. Considering his status as a habitual offender and the risk of non‑appearance, the court found no sufficient ground to grant bail. Consequently, the bail application was rejected.
Issues considered
- Whether the petitioner is entitled to regular bail in view of the filing of the charge‑sheet and the alleged change in circumstances
- Whether the petitioner’s prior criminal record and pending case under Section 224 IPC preclude the grant of bail
Legislation cited
- Indian Penal Code — s. 224
Subjects
- regular bail
- extortion
- assault
- habitual offender
- Section 224 IPC
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2234 of 2026
Arising Out of PS. Case No.-83 Year-2024 Thana- SIMULTALLA District- Jamui
======================================================
Rajesh Kumar Yadav @ Rajesh Yadav S/O Late Arjun Yadav R/O Village-
Fatehpur, Tola Mohanpur, P.S.- Simultala, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devika Rani
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 17-04-2026 Heard the parties.
2. On earlier occasion also, the petitioner had
approached for grant of regular bail, which was rejected by
order dated 13.08.2025 passed in Cr. Misc.No. 39612 of 2025.
3. The changed circumstance being argued by the
learned counsel for the petitioner is that the petitioner is in
custody since 06.01.2025 and the charge-sheet has been filed on
15.11.2025. It is on the basis of this changed circumstance that
the petitioner is praying for grant of regular bail.
4. It is not in dispute that the name of the petitioner
surfaced on account of the informant taking his name. The
petitioner is the main accused who is said to have demanded
extortion of Rs. 2,00,000/- and also assaulted the in-charge
Principle of the School with lathi and rod. The petitioner has 16
Patna High Court CR. MISC. No.2234 of 2026(3) dt.17-04-2026
2/2
criminal antecedents and a case under Section 224 of the IPC,
vide Bariyarpur P.S.Case No. 01 of 2017 is also registered
against the accused-petitioner which relates to escape from the
custody, in which the petitioner was lawfully detained for the
offence. Under these circumstances, if the petitioner is granted
regular bail, it would be very difficult to secure his presence
during trial of his case.
5. Considering all these aspects of the matter, and
given the fact that the petitioner appears to a habitual offender, I
am not inclined to grant him the privilege of bail, which is
hereby rejected.
(Alok Kumar Sinha, J)
HR/-
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