Patna High Court
Nilesh Kumar @ Karka @ NileshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 308(3), 324(4), 329(3), 329(4), 3(5), 351(2), 351(3), 352, 74
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
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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/-
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