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Patna High Court

Sunny Kumar @ Rohit RanjanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that anticipatory bail could not be granted to the petitioners as the allegations of organized crime and extortion were serious and the risk of tampering with evidence existed.

Summary

The Patna High Court considered anticipatory bail applications filed by two petitioners, Binod Kumar and Sunny Kumar, who were alleged to be part of an organized gang involved in extortion of real‑estate builders. The allegations arose from a separate FIR (Case No.129 of 2025) and a later FIR that charged the petitioners under Sections 111(4), 111(6) and 111(7) of the Bihar Narcotic Substances Act, 2023. The petitioners argued that the second FIR was redundant, that no specific charge was made against them, and that they possessed legitimate wealth. The State opposed bail, contending that the matters involved organized crime, disproportionate assets and a risk of tampering with evidence, and that the jurisdiction for the bail application was improper. After hearing both sides, the Court agreed with the State and declined to grant anticipatory bail to either petitioner, finding the allegations serious enough to warrant continued custody.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Sections 111(4), 111(6) and 111(7) of the Bihar Narcotic Substances Act, 2023 in view of alleged involvement in organized extortion.
  • Whether the court has jurisdiction to entertain the anticipatory bail applications when the FIRs stem from the same set of facts.

Legislation cited

Subjects

  • anticipatory bail
  • organized crime
  • extortion
  • Bihar Narcotic Substances Act
  • Section 111
  • criminal procedure
  • jurisdiction
  • disproportionate assets

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
           CRIMINAL MISCELLANEOUS No.58524 of 2025
     Arising Out of PS. Case No.-171 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Binod Kumar S/o Anant Rai @ Anant Roy R/o - Maula Kamla Gopalpur, P.S -
Maner, District - Patna

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

                                       ... ... Opposite Party/s
======================================================
                                       with
           CRIMINAL MISCELLANEOUS No. 62334 of 2025
     Arising Out of PS. Case No.-171 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Sunny Kumar @ Rohit Ranjan S/o Late Vijay Prasad R/o Village- Kothwan,
P.S.- Khagaul, Dist.- Patna

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

                                       ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 58524 of 2025)
For the Petitioner/s     : Mr.Ghanshyam Tiwary
                           Mr.Mithilesh Kr. Arya
For the Opposite Party/s : Mr.Ajay Mishra (APP)
                           Mr.Apurv Harsh
                           Mr.Manu Tripurari
                           Mr.Raghu Raj Pratap
                           Mr.Astitva
                           Mr.Hritik Anand
                           Mr.Pranshu Prakash
                           Mr.Jaya Singh
                           Mr.Aditi Sahay
(In CRIMINAL MISCELLANEOUS No. 62334 of 2025)
For the Petitioner/s     : Mr.Sanjiv Sharan
                           Mr.aditya kumar
For the Opposite Party/s : Mr.Ajay Mishra- A.P.P.
                           Mr.Mr.Apurv Harsh
                           Mr.Manu Tripurari
                           Mr.Raghu Raj Pratap
                           Mr.Astitva
                           Mr.Hritik Anand
                           Mr.Pranshu Prakash
                           Mr.Jaya Singh
                           Mr.Aditi Sahay
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
         Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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                                                  ORAL ORDER

6   01-05-2026         CRIMINAL MISCELLANEOUS No.58524 of 2025

                                1. Heard learned Counsel for the petitioner and


                   learned APP Mr. Ajay Mishra for the State.

                                2. The petitioner seeks bail in a case registered for

                   the offences punishable under Sections 111(4), 111(6) and

                   111(7) of B.N.S., 2023.

                                3. Learned Counsel appearing on behalf of the

                   petitioner submits that petitioner has antecedents of two

                   cases. It is further submitted that Khagaul P.S. Case No.129

                   of 2025, dated 10.04.2025 was instituted wherein one

                   Kumar Gaurav (informant), a builder, alleged that he

                   received a call from Mobile No.7488332851 and the caller

                   disclosed his name as Pinku Yadav brother of Ritlal and

                   asked the informant to purchase construction material from

                   him for his ongoing construction work and threatened that if

                   he will not buy the construction material from him, then he

                   will not be able to proceed with construction of his ongoing

                   project.      Further,       the     informant       started   purchasing

                   construction material from him but no bill was provided.

                   Further, Niraj and Dheeraj used to come on the site of the
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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          informant with the materials. It is next alleged that

          according to him, the price of the purchased material was

          Rs.19 lakhs but accused were demanding Rs.33 lakhs. It is

          further alleged that the higher demand is basically in nature

          of extortion It is next alleged that he received a call from

          Ritlal Yadav who asked the informant to come and meet

          him at his village, accordingly, Kumar Gaurav (informant)

          along with his partner met Ritlal and took time for payment.

          Further, his partner again got a call from Ritlal who

          threatened to make payment of Rs.30 lakhs. Further, an

          amount of Rs.4 lakhs was paid and Ritlal was assured that

          rest amount Rs.26 lakhs shall be paid after Deepawali or

          Chhath. It is next alleged that Ritlal made him sign on a

          stamp paper that he has taken loan of Rs.30 lakhs out of

          which Rs.4 lakhs is being paid, next alleges that since Rs.26

          lakhs, which was being demanded by way of extortion, was

          not paid, hence the informant started receiving threatening

          from different numbers. Further, Dheeraj, Niraj, Shrawan

          along with others came and made the labourers working on

          the site leave, next alleges that one Sunil came and

          disclosed that since informant has entered into an agreement
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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          for sale for purchasing 15 Katthas land in Ritlal’s village,

          hence he should meet him and he will fix the meeting, next

          alleges that Sunil is the man who deals with extortion

          money, further alleges that about 10 days back, brother-in-

          law of Ritlal, namely, Chiku came and threatened how he

          has purchased 15 Katthas of land in the village without

          permission of Ritlal and also disclosed that land owner from

          whom he purchased the land was killed by them and

          demanded extortion of Rs.10 lakhs, further alleges that

          informant gave Rs.10 lakhs out of fear and also cleared the

          earlier dues and he has recording of threats being given by

          Ritlal.

                       4. It is submitted that the instant petitioner was not

          an accused in Khagaul P.S. Case No.129 of 2025, which

          was with regard to demand of extortion, as recorded herein

          above. It is next submitted that during course of

          investigation of Khagaul P.S. Case No.129 of 2025, certain

          additional materials came to the notice of the authorities

          based on which the superior officers directed the

          subordinate authority to institute a separate FIR based on

          which the instant FIR came to be instituted in which the
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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          petitioner is seeking bail. It is submitted that the allegation

          in the instant FIR is that the informant alleges that accused

          persons including the petitioner along with others are part

          of an organized gang and demands ransom from real estate

          builders and businessmen by threatening them of dire

          consequences and, as such, have amassed huge wealth

          illegally.

                       5. The learned Counsel for the petitioner submits

          that it absolutely does not stand to reason that as to why a

          second FIR came to be instituted when in Khagaul P.S. Case

          No.129 of 2025 itself the allegations, as alleged in the

          instant FIR, could have been investigated. It is further

          submitted that though petitoner is named in the FIR but then

          no speicfic allegation is alleged against him but then during

          course of investigatiion, it has come that house of the

          petitioner was raided and some blank stamp papers along

          with cash and other objectionable articles were recovered

          but then authorities do not disclose what was the amount of

          cash which was seized from the house of the petitioner. It is

          next submitted that petitioner being maternal nephew of

          Ritlal Yadav came to be implicated in the instant case. It is
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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          further submitted that no doubt petitioner has antecedent of

          two cases but then the said cases are not related to extortion.

          It is also submitted that had petitioner not been related to

          Ritlal Yadav in that event the petitioner would not have

          been implciated in the instant case.

                       6. The learned APP Mr. Ajay Mishra vehemently

          opposes the bail application and submits that the

          submissions made by the learned Counsel appearing on

          behalf of the petitioner no doubt on the face of it appears to

          be attractive but then the issue raised in the instant regular

          bail application cannot be adjudicated in the instant

          jurisdiction. It is submitted that if petitioner is aggrieved by

          the fact that as to why the instant FIR was instituted when

          the allegation against the petitioner could have been

          investigated in Khagaul P.S. Case No.129 of 2025 itself, the

          petitioner can move before an appropriate forum for seeking

          redressal of his grievance. It is also submitted that the

          present FIR has been instituted with an allegation that

          petitioner and others are involved in organized crime and

          have amassed wealth disproportionate to their known

          sources of income.
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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                       7. At this stage, the learned counsel appearing on

          behalf of the petitioner submits that petitioner has land

          worth Rs.2,60,00,000/- but then the same was purchased not

          from money amassed through illegal means, but from

          earning of the petitioner on which learned A.P.P. submits

          that the same also requires to be investigated for which

          interrogation of the petitioner is necessary. It is also

          submitted that if privilege of anticipatory bail is granted the

          petitioner may abscond or try to tamper with the evidence.

                       8. After hearing learned counsel for the parties, the

          Court is in complete agreement with the submissions made

          by the learned A.P.P. as such is not inclined to extend the

          privilege of anticipatory bail application to the petitioner.

                       9. The prayer of the petitioner for anticipatory bail

          stands rejected. Rejected.

                CRIMINAL MISCELLANEOUS No. 62334 of 2025

                       1. Heard learned Counsel for the petitioner and


          learned APP Mr. Ajay Mishra for the State.

                       2. The petitioner seeks bail in a case registered for

          the offences punishable under Sections 111(4), 111(6) and

          111(7) of B.N.S., 2023.
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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                       3. Learned Counsel appearing on behalf of the

          petitioner submits that petitioner has antecedents of one

          case on which the learned A.P.P. submits that the said case

          is of extortion as Khagaul P. S. Case No.166 of 2018 was

          instituted under Section 386, 504 and 34 of the I.P.C. It is

          further submitted that Khagaul P.S. Case No.129 of 2025,

          dated 10.04.2025 was instituted wherein one Kumar Gaurav

          (informant), a builder, alleged that he received a call from

          Mobile No.7488332851 and the caller disclosed his name as

          Pinku Yadav brother of Ritlal and asked the informant to

          purchase construction material from him for his ongoing

          construction work and threatened that if he will not buy the

          construction material from him, then he will not be able to

          proceed with construction of his ongoing project. Further,

          the informant started purchasing construction material from

          him but no bill was provided. Further, Niraj and Dheeraj

          used to come on the site of the informant with the materials.

          It is next alleged that according to him, the price of the

          purchased material was Rs.19 lakhs but accused were

          demanding Rs.33 lakhs. It is further alleged that the higher

          demand is basically in nature of extortion It is next alleged
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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          that he received a call from Ritlal Yadav who asked the

          informant to come and meet him at his village, accordingly,

          Kumar Gaurav (informant) along with his partner met Ritlal

          and took time for payment. Further, his partner again got a

          call from Ritlal who threatened to make payment of Rs.30

          lakhs. Further, an amount of Rs.4 lakhs was paid and Ritlal

          was assured that rest amount Rs.26 lakhs shall be paid after

          Deepawali or Chhath. It is next alleged that Ritlal made him

          sign on a stamp paper that he has taken loan of Rs.30 lakhs

          out of which Rs.4 lakhs is being paid, next alleges that since

          Rs.26 lakhs, which was being demanded by way of

          extortion, was not paid, hence the informant started

          receiving threatening from different numbers. Further,

          Dheeraj, Niraj, Shrawan along with others came and made

          the labourers working on the site leave, next alleges that

          one Sunil came and disclosed that since informant has

          entered into an agreement for sale for purchasing 15

          Katthas land in Ritlal’s village, hence he should meet him

          and he will fix the meeting, next alleges that Sunil is the

          man who deals with extortion money, further alleges that

          about 10 days back, brother-in-law of Ritlal, namely, Chiku
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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          came and threatened how he has purchased 15 Katthas of

          land in the village without permission of Ritlal and also

          disclosed that land owner from whom he purchased the land

          was killed by them and demanded extortion of Rs.10 lakhs,

          further alleges that informant gave Rs.10 lakhs out of fear

          and also cleared the earlier dues and he has recording of

          threats being given by Ritlal.

                       4. It is submitted that the instant petitioner was not

          an accused in Khagaul P.S. Case No.129 of 2025, which

          was with regard to demand of extortion, as recorded herein

          above. It is next submitted that during course of

          investigation of Khagaul P.S. Case No.129 of 2025, certain

          additional materials came to the notice of the authorities

          based on which the superior officers directed the

          subordinate authority to institute a separate FIR based on

          which the instant FIR came to be instituted in which the

          petitioner is seeking bail. It is submitted that the allegation

          in the instant FIR is that the informant alleges that accused

          persons including the petitioner along with others are part

          of an organized gang and demands ransom from real estate

          builders and businessmen by threatening them of dire
Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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          consequences and, as such, have amassed huge wealth

          illegally.

                       5. The learned Counsel for the petitioner submits

          that it absolutely does not stand to reason that as to why a

          second FIR came to be instituted when in Khagaul P.S. Case

          No.129 of 2025 itself the allegations, as alleged in the

          instant FIR, could have been investigated. It is further

          submitted that though petitioner is named in the FIR but

          then no specific allegation is alleged against him but then

          during course of investigation, it transpired that petitioner

          used to collect rent from the shops constructed on the land

          of the government on which learned A.P.P. submits that it

          was not collection of rent rather was extortion as the shops

          were built on the land of the government as such petitioner

          had no occasion to go to the shopkeepers for collection of

          rent.

                       6. The learned APP Mr. Ajay Mishra vehemently

          opposes the bail application and submits that the

          submissions made by the learned Counsel appearing on

          behalf of the petitioner no doubt on the face of it appears to

          be attractive but then the issue raised in the instant regular bail
             Patna High Court CR. MISC. No.58524 of 2025(6) dt.01-05-2026
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                       application cannot be adjudicated in the instant jurisdiction.

                       It is submitted that if petitioner is aggrieved by the fact that

                       as to why the instant FIR was instituted when the allegation

                       against the petitioner could have been investigated in

                       Khagaul P.S. Case No.129 of 2025 itself, the petitioner can

                       move before an appropriate forum for seeking redressal of

                       his grievance. It is also submitted that the present FIR has

                       been instituted with an allegation that petitioner and others

                       are involved in organized crime and have amassed wealth

                       disproportionate to their known sources of income. It is also

                       submitted that if privilege of anticipatory bail is granted the

                       petitioner may abscond or try to tamper with the evidence.

                                    7. After hearing learned counsel for the parties, the

                       Court is in complete agreement with the submissions made

                       by the learned A.P.P. as such is not inclined to extend the

                       privilege of anticipatory bail application to the petitioner.

                                    8. The prayer of the petitioner for anticipatory bail

                       stands rejected.



                                                 (Satyavrat Verma, J)
vikash/-
U        T


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