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Patna High Court

Nilesh Kumar @ Karka @ NileshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner on condition of a bail bond and sureties.

Summary

Nilesh Kumar was arrested in connection with a case alleging that he and eight others entered the informant's house, demanded a ransom of Rs.50,000, threatened the informant's son, and assaulted the informant and his family. The petitioner claimed he was falsely implicated due to prior enmity and had been in custody since 19‑02‑2026. He applied for regular bail under multiple sections of the Bharatiya Nyaya Sanhita, 2023, and pledged cooperation with the investigation. The State opposed bail, emphasizing the direct allegations of extortion and assault recorded in the FIR. After hearing both sides and considering the nature of the allegations and the length of custody, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious charges of extortion, assault, and kidnapping under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • extortion
  • assault
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • prior enmity
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24448 of 2026
                   Arising Out of PS. Case No.-224 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
                 Nilesh Kumar @ Karka @ Nilesh, S/o Shrikant Singh @ Sree Kant Singh,
                 Resident of Village- Nawkothi @ Naokothi, Ward No. 08, P.S.- Nawkothi @
                 Naokothi, District- Begusasrai, State- Bihar, Pin 851130

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :     Mr. Arvind Kumar, Advocate
                                                Mr. Vinod Kumar Seth, Advocate
                 For the Opposite party/s :     Mr. Ajay Kumar Jha, APP
                                                Mr. Vinit Kumar, Advocate
                                                Mr. Shubhesh Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   01-07-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Nowkothi P.S. Case

                   no.224 of 2025, registered under sections 126(2), 115(2),

                   308(3), 324(4), 329(3), 329(4), 74, 352, 351(2), 351(3) and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that nine named accused persons including the petitioner herein

                   with their faces covered entered the house of the informant,

                   started to hurl abuses and demanded rangdari of Rs.50,000/- or

                   else the informant was threatened that his son would be taken
Patna High Court CR. MISC. No.24448 of 2026(5) dt.01-07-2026
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          away. It is further stated that all the accused persons including

          the petitioner and one Saurav Singh made an attempt to take

          away the informant’s son. All the accused persons including the

          petitioner assaulted the informant and others causing injuries.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case because of

          prior enmity between the parties. The petitioner is in custody

          since 19.2.2026 and the allegations are general and omnibus in

          nature. He undertakes to cooperate in the investigation/trial.

                       5. The application for bail is opposed by learned

          A.P.P. for the State and learned counsel appearing for the

          informant. It is submitted that there is direct allegation against

          the petitioner who is named in the F.I.R. of having demanded

          rangdari of Rs.50,000/- and of having assaulted the informant

          and the members of his family. Referring to the counter affidavit

          filed it is submitted that even subsequent to this F.I.R., the

          informant once again assaulted pressurising them to enter into a

          compromise with respect to the instant case.

                       6. Having heard learned counsel for the parties and

          taking into consideration the nature of allegation against the

          petitioner in the F.I.R. together with the material that has

          transpired in course of investigation and the petitioner having
            Patna High Court CR. MISC. No.24448 of 2026(5) dt.01-07-2026
                                                        3/3




                      remained in custody since 19.2.2026, the petitioner is directed to

                      be enlarged on bail in connection with Nowkothi P.S. Case

                      no.224 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Judicial Magistrate Ist Class,

                      Begusarai.


                                                     (Partha Sarthy, J)
avinash/-

U      T


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