Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

Bail is granted to the petitioner on condition of a Rs 10,000 bond with two sureties.

Summary

Rahul Kumar was arrested in connection with a case registered under Sections 385 and 387 of the Indian Penal Code for allegedly leading an armed group that halted road‑construction work, displayed a CPI (Maoist) leaflet and demanded a levy. The petitioner contended that he was falsely implicated, that the FIR contained no specific allegation against him, and that apart from a confessional statement made in an unrelated case, there was no material evidence; he had been in judicial custody since 5 July 2025. The State opposed bail, highlighting three prior criminal cases against the petitioner. After hearing both sides, the Court considered the nature of the offences, the lack of concrete evidence linking the petitioner, and his right to liberty. The Court held that the circumstances warranted the grant of bail, subject to a bond and sureties. Accordingly, the petitioner was ordered to be released on bail upon furnishing a Rs 10,000 bond with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner charged under Sections 385 and 387 IPC despite alleged criminal antecedents
Whether the evidence in the FIR sufficiently links the petitioner to the alleged extortion and robbery

Legislation cited

Indian Penal Code — s. 385, 387

Subjects

bail
extortion
robbery
IPC
criminal antecedent
judicial custody
surety bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5733 of 2026
                          Arising Out of PS. Case No.-407 Year-2023 Thana- AMAS District- Gaya
                 ======================================================
                 Rahul Kumar S/o Uday Yadav Resident of Village- Jogni Bardih, P.S.-
                 Salaiya, District- Aurangabad



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-02-2026                    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 on

                   06.12.2023, 10-15 persons being armed with weapons arrived

                   and stopped the work of road construction. They also gave a

                   leaf (parcha) of CPI Mauwadi and demanded levy. They also

                   threatened that they will not be allowed to work unless the levy

                   is paid.
Patna High Court CR. MISC. No.5733 of 2026(3) dt.18-02-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that the petitioner was remanded in this

          case from Gurua P.S. Case No. 232 of 2025 and in that case the

          petitioner has given his confessional statement. Save and

          except the confessional statement, there is nothing against the

          petitioner. He also submits that from perusal of the FIR, it is

          also clear that there is no specific allegation against the

          petitioner and there is only allegation of demand, no levy or

          extortion money was paid. He further submits that the

          petitioner is languishing in judicial custody since 05.07.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of three case.

                       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 Magistrate, 1st Class, Sherghati, Gaya in connection
           Patna High Court CR. MISC. No.5733 of 2026(3) dt.18-02-2026
                                                       3/3




                     with Amas P.S. Case No. 407 of 2023.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

Continue reading with your account

Checking your session…