Patna High Court

Rajesh Kumar @ Gore Yadav @ Rajesh Yadav @ Gorelal YadavversusThe State of Bihar

Decided: 23 April 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted bail to the petitioners, directing release on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) BNS.

Summary

Petitioners Rajesh Kumar and Ashok Mahto were named in an FIR for offences including kidnapping, extortion, and assault under various sections of the Bihar Negotiable Statutes (BNS). The FIR alleged a ransom demand of Rs.5,000 and that the petitioners were armed with pistols. The petitioners argued that the case stemmed from a land dispute, no ransom was actually paid, and injuries to the informant were minor. The State opposed bail, citing the seriousness of the charges and the petitioners' involvement in other criminal cases. The court, noting the lack of prima facie evidence of ransom payment and the background of a land dispute, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS.

Issues considered

Whether bail should be granted to the petitioners despite the serious nature of the offences alleged in the FIR
Whether the background land dispute and lack of ransom payment affect the bail decision
Whether the petitioners' involvement in other pending criminal cases precludes bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
ransom demand
land dispute
Criminal Procedure Code
Bihar Negotiable Statutes
extortion
kidnapping
section 438
section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24358 of 2026
                      Arising Out of PS. Case No.-381 Year-2025 Thana- NARHATT District- Nawada
                 ======================================================
           1.     Rajesh Kumar @ Gore Yadav @ Rajesh Yadav @ Gorelal Yadav S/o Mishri
                  Yadav R/o Vill- Ankri, P.S.- Narhat, Distt- Nawada
           2.     Ashok Mahto @ Karu @ Ashok Kumar S/o Ramvtar Mahto R/o Vill- Ankri,
                  P.S.- Narhat, Distt- Nawada
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Nandan Prasad
                 For the Opposite Party/s :      Mr.Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-04-2026                  Heard the parties.

                                2.The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Narhat P.S.

                   Case No. 381 of 2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 303(2), 308(3), 308(4),

                   352, 351(2) and 3(5) of the BNS.

                                3. As per FIR, petitioners demanded ransom of Rs.

                   5,000/- under threat to life. Petitioners were also equipped

                   with pistols.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioners that present criminal case is

                   completely un-occasioned and unwarranted as same was
Patna High Court CR. MISC. No.24358 of 2026(2) dt.23-04-2026
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          lodged in the background of land dispute. It is submitted the

          land in issue was claimed by both the parties. It is further

          submitted that in fact no amount in furtherance of ransom

          demand was ever paid to petitioners. It is pointed out that

          some scuffling also took place during the occurrence, where

          informant and petitioners both received injuries. It is pointed

          that nature of injury as alleged to received by informant

          upon medical examination found simple in nature. While

          concluding arguments, it is submitted that petitioner no. 1

          found involved in four more criminal cases where he is on

          bail and petitioner no. 2 found involved in one more case,

          where he is on bail.

                         5. Learned APP opposes the prayer of bail.

                        6. In view of aforesaid factual submission and by

          taking note of fact as present criminal case lodged in the

          background of land dispute, where prima-facie no ransom

          money appears paid by informant, accordingly all above-

          named petitioners, in the event of their arrest or surrender

          before the court below within a period of four weeks, are

          directed to be released on bail, furnishing bail bond of Rs.
               Patna High Court CR. MISC. No.24358 of 2026(2) dt.23-04-2026
                                                           3/3




                         10,000/- (Rupees Ten Thousand) each with two sureties of

                         the like amount each to the satisfaction of the learned JM 1 st

                         Class, Nawada/concerned Court, where the case is pending

                         in connection with Narhat P.S. Case No. 381 of 2025,

                         subject to the conditions as laid down under Section 438(2)

                         of the Cr.P.C/Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T

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