Patna High Court
Sushil Kumar @ Sushil Kumar Singh @ Sushil SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 111(1), 308(2), 308(3), 308(4), 308(5)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.