Patna High Court
Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court rejected the petitioner's application for regular bail, finding no sufficient ground to grant bail in view of the seriousness of the offences.
Summary
The petitioner, Ayush Kumar, was arrested in connection with a case of alleged extortion and violations of the Arms Act and sought regular bail. This was his second application after an earlier bail denial on 7 October 2025. The prosecution alleged that the petitioner demanded and collected extortion money and was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The petitioner’s counsel contended that he was innocent and that the trial had not yet commenced despite his custody since 30 April 2025. The Court, emphasizing the seriousness of the offences and the gravity of the accusations, found no merit to grant bail and declined to revisit its earlier order. Consequently, the bail application was dismissed and the trial was directed to be expedited.
Issues considered
- Whether regular bail should be granted to the petitioner given the nature and gravity of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the delay in trial commencement warrants bail despite the petitioner’s prolonged custody
Legislation cited
- Arms Act — s. 25(1-b)a, 26(2), 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 121(2), 132, 3(5)
Subjects
- regular bail
- extortion
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- trial delay
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30133 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Ayush Kumar S/o Raju Verma Resident of Village - Sawrejee, P.S. - Mirganj,
District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Harshvardhan, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Mirganj P.S. Case No. 211 of
2025 registered for the offence under Sections 115(2), 109,
121(2), 132 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 25(1-b)a, 26(2), 27 and 35 of the Arms Act. Earlier the
bail application of the petitioner was rejected vide order dated
07.10.2025 passed in Cr. Misc. No. 67156 of 2025 which reads
as under:-
Heard the learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Mirganj P.S. Case No. 211 of 2025
registered for the offence under Sections 115(2), 109,
121(2), 132 and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Sections 25(1-b)a, 26(2), 27 and 35 of the
Arms Act.
Patna High Court CR. MISC. No.30133 of 2026(2) dt.07-05-2026
2/2
3. As per the prosecution case, the petitioner
and others are accused of demanding extortion from
the informant. The petitioner has been caught
collecting the extortion money.
4. Learned counsel for the petitioner
submits that petitioner is innocent and has not
committed any offence. Petitioner is in custody since
30.04.2025.
5. Learned A.P.P. for the State has
vehemently opposed the prayer for bail.
6. Considering the nature of the accusation
and the gravity of the offense, this Court is not inclined
to grant regular bail to the petitioner.
7. Accordingly, this application for regular
bail stands rejected.
3. It has been submitted by the learned counsel for
the petitioner is in custody since 30.04.2025, but till now the
trial has not commenced.
4. Considering the aforesaid facts, this Court finds no
ground to review its earlier order.
5. Accordingly, this application is dismissed again
with direction to the concerned court below to expedite the trial.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.