Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 385, 387
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
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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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