Created by Fuzzy Cloud

Patna High Court

Guddu Kumar @ Satyam KumarversusThe 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, 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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.