Patna High Court

Dilip Kumar @ DilipversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail must be granted to the petitioners under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023.

Summary

The petitioners, Dilip Kumar and Amit Kumar, were charged under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023 for allegedly threatening a rickshaw driver and demanding a ransom of Rs.1,00,000. They contended that the allegations were vague, no specific overt act was ascribed to them, and no incriminating material was recovered from their possession. The State opposed bail, arguing the seriousness of the offences. The court noted the lack of concrete evidence, the petitioners' clean criminal record, and the extended period of custody since 13‑08‑2025. Consequently, the court granted bail, directing each petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the accused under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged extortion and threat, given the absence of specific incriminating evidence and the period of custody.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 140(2)

Subjects

bail
criminal procedure
Section 140(2)
Bharatiya Nyaya Sanhita
extortion
threat
no incriminating evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5610 of 2026
                         Arising Out of PS. Case No.-95 Year-2025 Thana- FALKA District- Katihar
                 ======================================================
           1.     Dilip Kumar @ Dilip S/o Biro Mandal Resident of Village- Sohtha, PS-
                  Falka, Distt.- Katihar

           2.    Amit Kumar @ Amit Kumar Ram s/o Naresh Ram Resident of Village-
                 Sohtha, PS- Falka, Distt.- Katihar


                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Suresh Prasad Sah, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Falka

                   P.S. Case No. 95 of 2025 instituted for the offences under

                   Section 140(2) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that on 11.08.2025 at

                   night, the informant, a Toto (rickshaw) driver, was allegedly

                   hired by the accused persons and taken to a lonely place where

                   he was threatened with a country-made pistol, assaulted, and

                   demanded ₹1,00,000/- as rangdari. Upon request, ₹15,000/-
Patna High Court CR. MISC. No.5610 of 2026(3) dt.11-03-2026
                                            2/3




          was allegedly transferred by the informant’s family to a Phone

          number on the instruction of co-accused, after which the

          informant was again assaulted and threatened.

                      4. Learned counsel for the petitioners submitted that

          the petitioners have falsely been implicated in the present case.

          Learned counsel for the petitioners submitted that general and

          omnibus allegation has been made against the petitioners. No

          specific overt act is alleged against the petitioners. No

          incriminating article has been recovered from the conscious

          possession of the petitioners. It has been submitted on behalf of

          the petitioners that the petitioners are in custody since

          13.08.2025 and have no criminal antecedent. The co-accused

          person has already been granted bail by this Court vide order

          dated 03.02.2026 passed in Cr. Misc. No. 77131 of 2025.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each

          with two sureties of the like amount each to the satisfaction of
           Patna High Court CR. MISC. No.5610 of 2026(3) dt.11-03-2026
                                                       3/3




                     Court below/concerned Court in connection with Falka P.S.

                     Case No. 95 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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