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Patna High Court

Sushil Kumar @ Sushil Kumar Singh @ Sushil SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted and dismissed the bail application.

Summary

The petitioner, Sushil Kumar, was arrested in connection with a case registered under Sections 308(2), 308(3), 308(4), 308(5) and 111(1) of the Bharatiya Nyaya Sanhita, 2023, alleging extortion of Rs. 5 lakh. He applied for regular bail, claiming innocence and having been in custody since 18 March 2026. The State opposed the bail, arguing that the allegations are grave, that prima facie material links the petitioner to the alleged mobile number used for the extortion, and that the offence is serious. The Court examined the seriousness of the charges and the presence of prima facie evidence, and concluded that bail could not be granted. Consequently, the bail application was dismissed, with the Court noting that its observations are limited to the bail matter and will not affect the trial.

Issues considered

  • Whether regular bail can be granted to an accused of extortion under Sections 308(2)-(5) and 111(1) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the existence of prima facie material justifies denial of bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • extortion
  • serious offence
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43864 of 2026
                       Arising Out of PS. Case No.-29 Year-2026 Thana- THAWE District- Gopalganj
                 ======================================================
                 Sushil Kumar @ Sushil Kumar Singh @ Sushil Singh S/o Harishankar Singh
                 @ Harishankar Ray R/o Village - Vishambharpur, P.S - Thawe, District -
                 Gopalganj

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   08-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Thawe P.S. Case No. 29 of 2026 registered for the offence under

                   Sections 308(2), 308(3), 308(4), 308(5) and 111(1) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner, along

                   with other co-accused, is said to have demanded extortion of Rs.

                   5 Lakh from the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 18.03.2026.

                                5. Per contra, learned counsel for the State
            Patna High Court CR. MISC. No.43864 of 2026(3) dt.08-07-2026
                                                        2/2




                      vehemently opposes the bail application and submits that the

                      allegations against the petitioner are serious and grave in nature.

                      It is contended that there exists prima facie material against the

                      petitioner indicating his involvement in the commission of the

                      offence. It is also submitted that the petitioner is related with the

                      alleged mobile number by which the extortion of Rs. 5 Lakh

                      was demanded.

                                    6. Considering the nature and the gravity of the

                      offence, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    7. Accordingly, this application for regular bail stands

                      dismissed.

                                    8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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