Created by Fuzzy Cloud

Patna High Court

Akhilesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that, given the gravity of the offences and the evidence of fraudulent activities, regular bail could not be granted to the petitioner.

Summary

Akhilesh Kumar petitioned for regular bail in a case registered under Sections 204, 205, 319(2), 318(4), 111 and 308(2) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in an organized gang that extorted money by promising fraudulent government jobs. The prosecution alleged that the petitioner, along with co‑accused Adarsh Kumar, operated a fake office of the Crime Control & Reform Organization, used forged stamps and admitted to illegal activities. The Delhi Police affidavit indicated that the petitioner’s membership in the organization was terminated on 18‑04‑2025 after his illegal conduct was discovered. The court examined the affidavit, the seriousness of the offences and the petitioner’s role in the fraud. Concluding that the gravity of the offences and the evidence against the petitioner warranted denial of bail, the court rejected the regular bail application.

Issues considered

  • Whether regular bail can be granted to an accused of offences under Sections 204, 205, 319(2), 318(4), 111 and 308(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner’s alleged participation in an organized fraud and extortion scheme justifies denial of bail.
  • Whether the affidavit and termination of the petitioner’s membership in the organization constitute sufficient grounds to reject bail.

Legislation cited

Subjects

  • regular bail
  • organized crime
  • fraud
  • extortion
  • job scam
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • forged documents
  • termination of membership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47399 of 2025
                  Arising Out of PS. Case No.-54 Year-2025 Thana- Banuchhapar District- West Champaran
                 ======================================================
                 Akhilesh Kumar S/o Late Mahendra Mishra R/o Village- Sant Kabir Road
                 Krishna Nagar Colony, P.S.- Banuchhapar, District- West Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Commissioner of Police, Delhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                                                   Mr. Brajendra Nath Pandey
                 For the O.P. No. 2       :        Mr. Praveen Kumar Sinha, Sr. CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   25-02-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned Senior CGC for the

                   Commissioner of Police, Delhi.

                                2. The petitioner seeks regular bail in connection with

                   Banuchhapar P.S. Case No. 54 of 2025 registered for the offence

                   under Sections 204, 205, 319(2), 318(4), 111, 308(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, all the FIR named

                   accused persons including this petitioner, operated an organized

                   gang that extorted large sums of money from unemployed youth

                   by promising fraudulent government jobs.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.47399 of 2025(6) dt.25-02-2026
                                            2/3




          petitioner is innocent and has not committed any offence. He

          further submits that the petitioner has falsely been implicated in

          this case at the instance of co-accused Adarsh Kumar. The

          petitioner is in custody since 07.05.2025.

                       5. Learned A.P.P. for the State and the learned Senior

          CGC for the O.P. No. 2 have vehemently opposed the prayer for

          bail.     The learned Senior CGC for the O.P. No. 2 has filed a

          counter affidavit on behalf of the O.P. No. 2 which is taken on

          record.

                       6. I have heard considered the submissions of the

          parties and have gone through the records of the case. During

          the investigation, it has come that the petitioner, along with co-

          accused Adarsh Kumar, was allegedly presenting themselves as

          members of the Crime Control & Reform Organization

          (hereinafter referred to as “the Organization”). They purportedly

          promised various job opportunities to people in exchange for

          money.

                       7. Considering the allegations, on 26.11.2025, this

          Court directed the Commissioner of Police, Delhi, to inquire

          about the activities of the Organization through the local DCP

          and submit a report. In compliance, the Delhi Police has filed an

          affidavit and from the perusal of the same, it appears that when
            Patna High Court CR. MISC. No.47399 of 2025(6) dt.25-02-2026
                                                        3/3




                      the organization came to know about the illegal activities of the

                      petitioner, his membership was terminated on 18.04.2025.

                      Thereafter, the affidavit further reveals that a fake office of the

                      Organization was operated by the petitioner at Bhanuchhapar

                      using a forged and unauthorized stamp of the organization and

                      thereafter the organization contacted the petitioner who admitted

                      his illegal activities. Thereafter, the organization informed the

                      Bihar Police by Annexure-5 to the affidavit of the Delhi Police.

                                   8. From the aforesaid, it is clear that the petitioner has

                      been taking money from gullible persons in the name of

                      providing jobs in the Organization.

                                   9. Considering the aforesaid facts and circumstances

                      and also the gravity of the offence, this Court is not inclined to

                      grant regular bail to the petitioner.

                                   10. Accordingly, this application for regular bail

                      stands rejected.



                                                                 (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.