Patna High Court
Prabin Kumar @ Pravin Kumar @ Praben KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
Petitioner Prabin Kumar was arrested on 12‑12‑2025 in connection with a case registered under Sections 126(2), 109(1), 308(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging extortion and refusal to pay for goods taken on credit. The petitioner claimed innocence and sought regular bail, contending that he had been falsely implicated. The State opposed the bail, highlighting the seriousness of the offences and the petitioner’s three prior criminal antecedents. Justice Sandeep Kumar, after considering the nature of the allegations and the antecedents, was not inclined to grant bail. Consequently, the bail application was dismissed, with the court noting that its observations were limited to the bail application and did not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences and his prior criminal antecedents
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 126(2), 308(2), 3(5), 351(2), 352
Subjects
- extortion
- bail
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39940 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- SALAKHUA District- Saharsa
======================================================
Prabin Kumar @ Pravin Kumar @ Praben Kumar S/o Pramod Singh R/o vill -
Bahuarba, Panchkhutiya, P.S.- Salkhua, Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the State : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The defect(s) as pointed out by the office be
ignored.
3. The petitioner seeks bail in connection with
Salkhua P.S. Case No. 147 of 2025 registered for the offence
punishable under Sections 126(2), 109(1), 308(2), 352, 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the
Arms Act.
4. The allegation against the petitioner is of extortion
and of refusing to pay for goods taken on credit.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 12.12.2025 having three
Patna High Court CR. MISC. No.39940 of 2026(2) dt.23-06-2026
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criminal antecedents.
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the nature of allegation and three
criminal antecedents of serious nature, I am not inclined to grant
bail to the petitioner.
8. Accordingly, the application stands dismissed.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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