Created by Fuzzy Cloud

Patna High Court

Akela Kumar @ Vikash Turi @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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 The petitioner argued that his earlier bail application was withdrawn and that a prior order granting bail to other co‑accused should support his fresh prayer.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

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
                                            2/3




          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


Continue reading with your account

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

Sign in to read

Checking your session…

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