Patna High Court
Avadesh Ray @ Awadhesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Code of Civil Procedure — s. 340
- Indian Penal Code — s. 193, 195(1)b, 384, 406, 420
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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