Patna High Court
Guddu Kumar @ Satyam KumarversusThe 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, Guddu Kumar, applied for regular bail in a case registered under Sections 308(5) and 308(4) of the Bharatiya Nyaya Sanhita, 2023, alleging extortion and seizure of a mobile phone. The prosecution alleged that the petitioner demanded extortion (rangdari) and took away the informant’s phone, which was later recovered. The petitioner claimed innocence, clean antecedents, and had been in custody since 21‑04‑2026. The State opposed bail, arguing that the allegations were serious and that prima facie material linked the petitioner to the offence. The Court, considering the gravity of the offence, declined to grant regular bail and dismissed the application, noting that its observations were only prima facie and would not affect the trial.
Issues considered
- Whether regular bail can be granted to the petitioner under Sections 308(5) and 308(4) of the Bharatiya Nyaya Sanhita, 2023 given the seriousness of the alleged extortion offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 308(4), 308(5)
Subjects
- regular bail
- extortion
- serious offence
- prima facie
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43886 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Kashnagar District- Saharsa
======================================================
Guddu Kumar @ Satyam Kumar S/o Sanjay Yadav R/o Village- Fatehpur
Ward No.4, P.S- Kashnagar, Dist- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma
For the Opposite Party/s : Mr. Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 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
Kashnagar P.S. Case No. 31 of 2026 registered for the offence
under Sections 308(5) and 308(4) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have demanded extortion (rangdari) and taken away the
informant’s mobile phone, which was subsequently recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 21.04.2026 and claims clean
antecedent.
5. Per contra, learned counsel for the State
Patna High Court CR. MISC. No.43886 of 2026(2) 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.
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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