Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 111, 204, 205, 308(2), 318(4), 319(2)
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
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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
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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
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