Patna High Court
Akela Kumar @ Vikash Turi @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SHAILENDRA SINGH
Holding
The court rejected the petitioner’s anticipatory bail application.
Summary
The petitioner, Akela Kumar, sought anticipatory bail in a case involving alleged assault, attempted rape, and video extortion under several IPC sections. The alleged incident occurred on 11 May 2022, where the petitioner and co‑accused allegedly assaulted children, injured a tutor, attempted to rape a woman, later had sexual intercourse with her, and recorded the act. The petitioner argued that his earlier bail application was withdrawn and that a prior order granting bail to other co‑accused should support his fresh prayer. The State opposed, stating the earlier bail was rejected and the petitioner’s role is distinct and more serious. The court, considering the gravity of the allegations and the petitioner’s specific involvement, found no merit in the second bail request and rejected it.
Issues considered
- Whether anticipatory bail can be granted to the petitioner after a prior rejection of the same relief.
- Whether the petitioner’s alleged conduct distinguishes him from co‑accused persons for the purpose of bail.
Legislation cited
- Indian Penal Code — s. 323, 324, 34, 341, 342, 354(B), 376
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- attempted rape
- video extortion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4538 of 2026
Arising Out of PS. Case No.-442 Year-2022 Thana- BARACHATTI District- Gaya
======================================================
Akela Kumar @ Vikash Turi @ Vikash Kumar Son of Jagdish Turi Resident
of Village- Dowat, P.S.- Barachatti, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. Petitioner apprehends his arrest in connection with
Barachatti P.S. Case No. 442 of 2022 registered for the offences
punishable under Sections 341, 342, 323, 354(B), 324, 376 and
34 of the IPC.
3. On 11.05.2022, at about 7:00 P.M., when the
informant’s children were being taught by their tutor, namely
Ramchandra Yadav, the petitioner, along with the co-accused
persons, allegedly came to the spot and began abusing and
assaulting the informant’s children as well as their tutor. It is
further alleged that the petitioner struck Ramchandra Yadav on
the head, causing injury and bleeding. It is further alleged that
the petitioner along with the other co-accused persons,
Patna High Court CR. MISC. No.4538 of 2026(2) dt.24-02-2026
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attempted to commit rape upon the informant but she fled away
from the room but later on at about 9:00 P.M., the petitioner and
the co-accused persons allegedly established physical relation
with the informant, as a result of which she became
unconscious. It is further alleged that the accused persons
recorded the video of the entire incident and threatened to
tarnish her dignity and reputation by making the video viral.
4. Learned counsel for the petitioner submits that it is
second attempt of the petitioner to get the relief of anticipatory
bail and his first prayer was withdrawn with the prayer of other
co-accused persons namely Guddu Kumar @ Guddu Turi and
Prakash@ Prakash Turi but later on the prayer of the some other
co-accused persons was allowed vide order dated 10.4.2023
passed in Cr. Misc. No. 5986 of 2023 and mainly on this ground
the petitioner has renewed his prayer.
5. Learned APP appearing for the State has opposed
the bail prayer with saying that the petitioner prayer has already
been rejected and he has no fresh ground to get the said relief
and in the order dated 10.04.2023, the co-ordinate Bench
differentiated the allegation made against this petitioner from
that of allegation made against other co-accused persons.
6. Considering the seriousness of the allegations
Patna High Court CR. MISC. No.4538 of 2026(2) dt.24-02-2026
3/3
appearing against the petitioner and mainly taking into account
the specific role of the petitioner in the alleged occurrence, this
court does not find any merit in this second prayer of the
petitioner and accordingly, his bail prayer stands rejected.
(Shailendra Singh, J)
siddharthkr/-
U T
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