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Patna High Court

Durgesh Shivam @ Samar ThakurversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Durgesh Shivam @ Samar Thakur, applied for anticipatory bail in connection with an extortion case (PS Case No.831/2023) involving offences under Sections 341, 342, 386, 387, 452, 307, 34 of the IPC and Section 27 of the Arms Act. He contended that he is not named in the FIR, was absent from the scene (alibi of being in Madhepura), and that the allegations primarily target another accused, Nirdosh. The State argued that the petitioner’s name emerged during investigation, he has two prior cases, and there is a risk of absconding or tampering with evidence. The court examined the seriousness of the allegations, the petitioner’s antecedents, and the weakness of the alibi plea. Concluding that the risk factors outweighed the petitioner’s claims, the court denied the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the seriousness of the offences alleged.
  • Whether the petitioner’s claim of not being named in the FIR and his alibi constitute sufficient grounds for bail.
  • Whether the petitioner poses a risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • IPC
  • Arms Act
  • alibi
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55074 of 2025
                        Arising Out of PS. Case No.-831 Year-2023 Thana- SUPAUL District- Supaul
                 ======================================================
                 Durgesh Shivam @ Samar Thakur S/O Rupesh Kumar @ Jai Shankar Thakur
                 R/O Mohalla- Ward No 13,Bhumihar Tola,Nagar Parishad, Supaul and Distt-
                 Supaul

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Murari Narain Chaudhary
                 For the Opposite Party/s :        Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   25-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Supaul P.S. Case No.831/2023, registered for the offences

                   punishable under Sections 341, 342, 386, 387, 452, 307, 34 of

                   the Indian Penal Code and Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and the informant alleges

                   that he has a jewellery shop and resides on rent in the house of

                   Sadanand Sah, further on 29.10.2023 at 11.30 A.M. Nirdosh

                   Yadav @ Subhash Kumar Yadav along with 6-7 unknown

                   accused persons came and rang the doorbell and the door was

                   opened by his minor son aged about 8 years and the accused
Patna High Court CR. MISC. No.55074 of 2025(4) dt.25-03-2026
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          persons forcefully entered his house and Nirdosh put pistol on

          the head of his son and demanded extortion of Rs.10 lacs or else

          the son would be killed, the informant said he does not have

          Rs.10 lacs in the house, on which, Nirdosh fired between his

          legs, hence the wife of the informant on account of fear, gave

          Rs.4,50,000/- and the same was video-graphed by the accused

          persons, further while leaving the accused persons threatened

          that if rest Rs.5,50,000/- is not paid by the evening the entire

          family would be wiped out.

                       4. Learned counsel for the petitioner submits that

          petitioner is not named in the FIR. It is further submitted that

          thrust of the allegation is against Nirdosh. It is also submitted

          that even informant has not identified the petitioner or else

          would have named him. It is next submitted that during course

          of investigation, the name of the petitioner transpired based on

          information provided by the spy. It is also submitted that

          petitioner on the date of occurrence was not even present at the

          place of occurrence rather was at Madhepura i.e. his native

          place. It is next submitted that Nirdosh was arrested and he has

          been granted the privilege of regular bail by the learned District

          Court.

                       5. Learned A.P.P. for the State vehemently opposes the
           Patna High Court CR. MISC. No.55074 of 2025(4) dt.25-03-2026
                                                       3/3




                     prayer for anticipatory bail of the petitioner and submits that

                     though petitioner is not named in the FIR but then during the

                     course of investigation, his name transpired. It is also submitted

                     that allegations are serious as the informant alleges that he has a

                     jewellery shop and Nirdosh along with accused persons

                     forcefully entered his house and kept his minor son on gun point

                     and thereafter demanded extortion, based on which, wife of the

                     inforant even gave Rs.4,50,000/-. It is further submitted that

                     petitioner has antecedent of two cases and if privilege of

                     anticipatory bail is granted, the petitioner may abscond or try to

                     tamper with the evidence. It is also submitted that as far as

                     submission of the learned counsel appearing on behalf of the

                     petitioner is that petitioner was present in his native place on the

                     date of occurrence, the same is a plea of alibi, which is a weak

                     plea.

                                  6. Considering the submissions made by the learned

                     APP, the Court is not inclined to extend the privilege of

                     anticipatory bail to the petitioner.

                                  7. The anticipatory bail application of the petitioner is

                     rejected.
                                                         (Satyavrat Verma, J)
amit/-
U      T


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