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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.

Summary

The petitioner, Nitish Kumar, sought bail for a case registered under Sections 385 and 387 of the Indian Penal Code relating to an alleged extortion incident during road construction work. The prosecution alleged that a group of armed men demanded a levy and threatened the workers, leading to the filing of an FIR against unknown persons. The petitioner contended that he was falsely implicated, that the only evidence against him was a confessional statement by a co‑accused named Rahul, and that no tip‑off investigation had been conducted; he had been in judicial custody since July 2025. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner in an extortion case under Sections 385 and 387 IPC given the nature of the allegations and the evidence available.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • extortion
  • IPC Sections 385, 387
  • confessional statement
  • prior criminal antecedent
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5657 of 2026
                          Arising Out of PS. Case No.-407 Year-2023 Thana- AMAS District- Gaya
                 ======================================================
                 Nitish Kumar S/O Ramjanam Yadav Resident of Village- Phulwariya, P.S.-
                 Dev, Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :        Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Amas P.S. Case No. 407 of 2023 registered for the offence

                   punishable under Sections 385 and 387 of the Indian Penal Code.

                                3. The case of the prosecution, in short, is that the

                   informant was conducting the construction work of the road in

                   Shivtahal Bigha. On 06.12.2023 at 09:00 PM, 10-15 armed

                   persons arrived and handed over a leaflet and told them to stop the

                   work, and they also demanded a levy; without that, they will not

                   permit any work to proceed, and failing which, dire consequences

                   have to be faced.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.5657 of 2026(2) dt.06-02-2026
                                            2/3




          offence. He has been falsely implicated in this case. Learned

          counsel for the petitioner has submitted that the FIR was lodged

          against unknown miscreants. Learned counsel for the petitioner

          has further submitted that the petitioner and others were

          apprehended by police in Gurua P.S. Case No. 192 of 2025. It is

          further submitted that Rahul has given his confessional statement

          and on the basis of his statement, name of this petitioner has

          surfaced. Save and except the confessional statement of Rahul,

          there is nothing against the petitioner. Learned counsel for the

          petitioner has lastly submitted that there is only demand of levy

          but no amount is disclosed and no penny has been handed over.

          No TIP has been conducted. Learned counsel for the petitioner has

          further submitted that the petitioner is languishing in judicial

          custody since 18.07.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of four cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail.         The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

          the like amount each to the satisfaction of the learned Judicial
            Patna High Court CR. MISC. No.5657 of 2026(2) dt.06-02-2026
                                                        3/3




                      Magistrate 1st Class, Sherghati, Gaya Ji in connection with Amas

                      P.S. Case No. 407 of 2023.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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