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Patna High Court

Avadesh Ray @ Awadhesh RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted; the applications were dismissed.

Summary

The petitioners, Bipat Rai and Avadesh Ray, filed anticipatory bail applications fearing arrest in connection with Complaint Case No.572 of 2024, which alleged offences of extortion, criminal breach of trust, cheating, false evidence and a provision of the CPC. The prosecution alleged that the petitioners demanded extortion from the second opposite party, Binay Kumar. The Patna High Court examined the seriousness of the allegations and the nature of the offences under IPC sections 384, 406, 420, 193, 195(1)b and CPC section 340. Concluding that the allegations warranted a thorough investigation, the Court declined to grant anticipatory bail. The applications were dismissed, and the petitioners were ordered to surrender within four weeks and seek regular bail, failing which the police would be directed to arrest them.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused of extortion and related offences under the IPC and CPC.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • Indian Penal Code
  • Criminal Procedure
  • high court
  • bail denial

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.43719 of 2025
     Arising Out of PS. Case No.-572 Year-2024 Thana- VAISALI COMPLAINT CASE District-
                                             Vaishali
     ======================================================
     Bipat Rai @ Vipat Ray Son of Dasai Rai Resident of Village -Ward no 43 PS
     -Ganga Bridge Dist -Vaishali

                                                                    ... ... Petitioner/s
                                          Versus
1.   The State of Bihar bihar
2.   Binay Kumar Son of Late Surajdeo Singh Village- Nikhatikalan, Ps-
     Raghunathpur, Dist- Siwan, P/A- Posted as Security Manager, Singla
     construction Pvt. Ltd. A company Duly Registered Under the companies
     Act. 2013 Having its office at s.P. Singla constructions Pvt. Ltd. floor No. 5
     502 Kanaj baraj Complex, boaring Road, patna, Ps- Sri Krishna Puri, Dist-
     Patna

                                            ... ... Opposite Party/s
     ======================================================
                                           with
                CRIMINAL MISCELLANEOUS No. 50663 of 2025
     Arising Out of PS. Case No.-572 Year-2024 Thana- VAISALI COMPLAINT CASE District-
                                             Vaishali
     ======================================================
     Avadesh Ray @ Awadhesh Rai Son of Late Chandradeep Ray R/O Jadhua,
     P.S.- Ganga Bridge, District - Vaishali

                                                                    ... ... Petitioner/s
                                          Versus
1.   The State of Bihar Bihar
2.   Binay Kumar Son of Suraj Deo Singh R/o Village - Nikhatikalan, P.S.-
     Raghunathpur, Dist.- Siwan.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 43719 of 2025)
     For the Petitioner/s     : Mr.Manish Chandra Gandhi
     For the Opposite Party/s : Mr.Surendra Prasad Singh
                                Mr. Jharkhandi Upadhyay
      For the O.P. No. 02     : Mr. Sunil Kumar
                                Mr. Sanjeeb Kumar Sanju
                                Mr. Bhaskar Sandilya
     (In CRIMINAL MISCELLANEOUS No. 50663 of 2025)
     For the Petitioner/s     : Mr.Manish Chandra Gandhi
     For the Opposite Party/s : Mr.Surendra Prasad Singh
                                Mr. Jharkhandi Upadhyay
         Patna High Court CR. MISC. No.43719 of 2025(5) dt.21-01-2026
                                                     2/3




                 For the O.P. No. 02     :        Mr. Sunil Kumar
                                                  Mr. Sanjeeb Kumar Sanju
                                                  Mr. Bhaskar Sandilya
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   21-01-2026                     Heard learned counsel for the petitioner, learned

                   counsel for the opposite party no. 02 and learned APP for the

                   State of both the aforesaid cases.

                                   2.    The petitioner of both the aforesaid cases

                   apprehends their arrest in connection with Complaint Case No.

                   572 of 2024 registered for the offence under Sections 384, 406,

                   420, 193 read with Section 195(1)b of the Indian Penal Code

                   and under Section 340 of the CPC.

                                   3. As per the prosecution case, the petitioners of

                   both the aforesaid cases are accused of demanding extortion

                   from the opposite party no. 02.

                                   4. Considering the allegations levelled against the

                   petitioners, this Court is not inclined to grant anticipatory bail

                   to the petitioners.

                                   5. Accordingly, both the aforesaid application for

                   grant of anticipatory bail are dismissed.

                                   6. The petitioners of both the aforesaid cases are

                   directed to surrender in the Court below within four weeks from

                   today and pray for regular bail failing which the Superintendent

                   of Police, Vaishali will take all steps for arrest of the petitioners.
          Patna High Court CR. MISC. No.43719 of 2025(5) dt.21-01-2026
                                                      3/3




                                    7.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, Vaishali, through

                    FAX for its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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