Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail must be denied as the gravity of the offences and the petitioner’s gang affiliation do not warrant a departure from the earlier order.
Summary
The petitioner, Kundan Kumar, a member of the Manik gang, was arrested on 24‑12‑2024 in connection with a case registered under sections 308(4), 351(3) and 3(5) of the B.N.S. 2023, alleging extortion of an informant. He applied for regular bail for the second time. The trial court had earlier rejected his bail plea on 07‑03‑2025, citing the seriousness of the offences and his gang affiliation. On the present application, the court reiterated its earlier view, finding no justification to overturn the prior order and therefore dismissed the bail application. The court also directed the Senior Superintendent of Police, Patna, to ensure the presence of witnesses in the trial and to communicate the order to the police.
Issues considered
- What is the appropriate exercise of discretion by the court in granting or refusing bail to a person accused of offences under sections 308(4), 351(3) and 3(5) of the B.N.S. 2023, considering the alleged gang involvement and extortion?
Legislation cited
- B.N.S., 2023 — s. 308(4), 3(5), 351(3)
Subjects
- bail
- criminal procedure
- extortion
- gang affiliation
- section 308
- section 351
- section 3
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60089 of 2025
Arising Out of PS. Case No.-817 Year-2024 Thana- NAUBATPUR District- Patna
======================================================
Kundan Kumar S/o Harendra Ray R/o Village- Danapur Kali Mandir, P.S.-
Danapur, Dist.- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Dr.Kamal Deo Sharma, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard the parties.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Naubatpur P.S.
Case No.817 of 2024 registered for the offence under sections
308(4), 351(3) and 3(5) of the B.N.S. 2023.
3. Earlier, the prayer of the petitioner for grant
of bail was rejected by this Court vide order dated 07.03.2025
passed in Criminal Miscellaneous No.13263 of 2025. The
aforesaid order dated 07.03.2025 reads as under:-
“Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Naubatpur P.S. Case No.817 of
2024 registered for the offence under sections
308(4), 351(3) and 3(5) of the B.N.S. 2023.
3. The petitioner is the member of
Manik gang. He along with others demanded
Patna High Court CR. MISC. No.60089 of 2025(3) dt.10-02-2026
2/2
extortion from the informant. The petitioner is in
custody since 24.12.2024.
4. Considering the nature of allegation
levelled against the petitioner, I am not inclined to
grant him bail. Accordingly, this bail application is
rejected.”
4. Considering the gravity of offence and also
the fact that the petitioner is the member of Manik gang, who
had demanded extortion from the informant, I see no reason to
review my earlier order dated 07.03.2025. Accordingly, this bail
application is dismissed.
5. The Senior Superintendent of Police, Patna
directed to ensure the presence of witnesses in the trial.
6. Let a copy of this order be communicated to
the Senior Superintendent of Police, Patna forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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