Patna High Court
Adarsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner with conditions.
Summary
Adarsh Kumar was arrested in connection with a case alleging that he was part of an organized gang that extorted money from unemployed youth by promising fraudulent government jobs. The petitioner claimed he was falsely implicated, stating he was not seen in the viral video that identified the main accused, Akhilesh Kumar, and that he had even reported Akhilesh’s illegal activities to the police. No physical evidence, other than a pendrive he produced, was recovered from him, and he had been in custody since May 7, 2025. The State opposed his bail, citing the seriousness of the charges under Sections 204, 205, 319(2), 318(4), 111 and 308(2) of the BNS. The Court, after considering the submissions, granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial and verification of his criminal antecedents, with bail to be cancelled if other cases are discovered.
Issues considered
- Whether the petitioner, despite being charged under serious provisions of the BNS for alleged organized extortion, is entitled to regular bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 111, 204, 205, 308(2), 318(4), 319(2)
Subjects
- regular bail
- organized crime
- extortion
- fraudulent government jobs
- criminal procedure
- Bihar Negotiable Securities Act
- sections 204, 205, 319(2), 318(4), 111, 308(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51669 of 2025
Arising Out of PS. Case No.-54 Year-2025 Thana- Banuchhapar District- West Champaran
======================================================
Adarsh Kumar S/O Arvind Kumar @ Arvind Kumar Shrivastava @ Arbind
Kumar R/o - 56 Bhog Sant Kabir Road, Banuchhapar, P.S - Banuchhapar,
District - West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Manoj Kumar S/O Not Known R/at Banuchhapar, P.S. and Dist.- West
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar Shukla, Advocate
Mr. Shivam Kumar Deep, Advocate
Mr. Amit Kumar, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 12-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Banuchhapar P.S. Case No. 54 of 2025,
registered for the offences punishable under Sections 204, 205,
319(2), 318(4), 111, 308(2) of the BNS.
3. As per allegation, 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. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.51669 of 2025(5) dt.12-01-2026
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submitted that the petitioner is innocent and has falsely been
implicated in the present case. It has further been submitted that
he was not seen in the viral video. The FIR itself shows that
only co-accused Akhilesh Kumar was seen in the viral video. As
a matter of fact, main accused Akhilesh was on inimical terms
with the petitioner as the petitioner has informed the SHO about
the illegal deeds of co-accused Akhilesh Kumar, which is clear
from Annexure P/3 and this is the reason, he has falsely been
implicated in this case. Nothing has been recovered from
physical possession of the petitioner except the alleged pendrive
which was produced by the petitioner himself before the SHO
for showing the illegal act of co-accused Akhilesh Kumar,
which has been detailed in Annexure P/3. The petitioner is not
involved in any other case of similar nature and is in custody
since 07.05.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned C.J.M.,
Bettiah, West Champaran in connection with Banuchhapar P.S.
Patna High Court CR. MISC. No.51669 of 2025(5) dt.12-01-2026
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Case No. 54 of 2025, subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
7. After release of the petitioner, the learned Court
below shall verify his criminal antecedent and if it is found
that he is involved in any case except the cases, as mentioned
in paragraph-3 of the bail application, his bail bond shall be
cancelled.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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