Patna High Court
Kundan Kumar @ Rishikant Kumar @ Kundan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Kundan Kumar, was arrested in connection with a case registered under Sections 126(2), 115(2), 308(2), 308(3), 352, 351(2) and 3(5) of the Indian Penal Code for allegedly demanding a ransom of Rs. 10 lakh during flood control work and assaulting a pocklan operator. He applied for regular bail, contending that only his mobile phone was used for the ransom demand and that he has a clean antecedent, having been in custody since 17 June 2025. The prosecution opposed the bail, arguing the seriousness of the offences. The court noted that a co‑accused had already been granted bail and considered the petitioner’s personal circumstances. The bench directed that bail be granted on furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the condition that the petitioner cooperate with the trial and appear as required.
Issues considered
- Whether the petitioner is entitled to regular bail despite the grave nature of the charges including extortion and assault
Legislation cited
- Indian Penal Code — s. 115(2), 126(2), 308(2), 308(3), 3(5), 351(2), 352
Subjects
- regular bail
- extortion
- assault
- Indian Penal Code
- bail bond
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64825 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- GHOSWARI District- Patna
======================================================
Kundan Kumar @ Rishikant Kumar @ Kundan Yadav S/O Late Mauli Yadav
R/O Village-Tartar, PS-Ghoswari, Distt-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv.
Mr.Ashok Kumar Kashyap, Adv.
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner as well
as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Ghoswari P.S. Case No. 75 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 308(2),
308(3), 352, 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner and the
other accused persons are alleged to have demanded Rs. 10
lakhs as ransom (‘rangdari’) while the work of the Flood
Control Department was being carried out. They are also alleged
to have assaulted Pocklan Operator Anuj Kumar.
4. The learned counsel for the petitioner has submitted
that there is nothing against the petitioner regarding the demand
of ransom, only his mobile was used. The co-accused Umakant
Patna High Court CR. MISC. No.64825 of 2025(3) dt.21-01-2026
2/2
Yadav @ Loha Singh @ Uma Kant, who demanded the ransom,
has been granted bail by a co-ordinate Bench of this Court. He
has further submitted that the petitioner is a person of clean
antecedent and has been in custody since 17.06.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release
the petitioner on bail on furnishing bail bonds of Rs.10,000/-
with two sureties of the like amount each to the satisfaction of
learned SDJM, Barh, Patna/Concerned Court in connection with
Ghoswari P.S. Case No. 75 of 2025, subject to the following
conditions that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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