Created by Fuzzy Cloud

Patna High Court

Ayush KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.