Patna High Court
Mritunjay Kumar @ Mirtunjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KUMAR MANISH
Holding
The petitioner is entitled to regular bail subject to the conditions imposed by the Court.
Summary
The petitioner, Mritunjay Kumar, was arrested in connection with a FIR dated 12 March 2026 alleging that he demanded Rs 5 lakh as extortion (rangdari), assaulted an informant, and allegedly directed an associate to assault the informant’s son. He filed a petition seeking regular bail under multiple offences listed in the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the allegations were false, fabricated, and that no specific charge of assaulting the son was made against him, and he had no prior criminal record. The State opposed the bail, arguing the seriousness of the charges. The Court examined the lack of specific allegation, the claim of false implication, and the petitioner’s clean antecedent, and concluded that bail could be granted with appropriate safeguards. Accordingly, the Court ordered his release on a bail bond of Rs 10,000 with two sureties, imposing conditions such as a family member as bailor, cooperation with trial, and appearance in court. The order also warned that any tampering with evidence or witnesses would lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita, 2023
- Whether the allegations against the petitioner are sufficient to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 308(3), 3(5), 351(2), 352, 74
Subjects
- regular bail
- extortion
- assault
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- surety bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38141 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- SHAMBHUGANJ District- Banka
======================================================
Mritunjay Kumar @ Mirtunjay Kumar Son of Late Arun Kumar Singh
Resident of village- Kehnichak, Ps- Shambhuganj, Dist- Banka
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 74,
303(2), 308(3), 109(1), 352, 351(2), 3(5) of Bharatiya Nyaya
Sanhita, 2023.
3. As per the allegation in the F.I.R. on 12.03.2026,
the informant went to inspect the Panchayat Bhawan along with
his son. It has been alleged that the petitioner demanded five
lakh as rangdari and on protest, the accused person assaulted
and one co-accused directed the petitioner to assault the son of
the informant.
4. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.38141 of 2026(2) dt.18-06-2026
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that he has been falsely implicated in this case and he has
committed no offence as the allegations are false, fabricated and
baseless. There is no criminal antecedent against the petitioner
and the petitioner is in custody since 14.03.2026. There is no
specific allegation against the petitioner for assault the son of
the informant.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the petitioner, above named, is directed to be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate- Banka/
successor Court, in connection with Sambhuganj P.S. Case No.
85 of 2026, dated 12.03.2026 on the following condition :-
(i) That one of the bailor should be family member of
the petitioner.
(ii) That the petitioner will cooperate in the trial and
will remain present on all dates personally or should be duly
represented through his counsel and whenever required to be
physically present by the Court, he should physically appear in
Court on that date.
Patna High Court CR. MISC. No.38141 of 2026(2) dt.18-06-2026
3/3
(iii) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Kumar Manish, J)
sanjeev/-
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