Patna High Court
Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.
Summary
Lalu Kumar applied for regular bail in a case registered under several sections of the Bihar Negotiable Instruments Act (BNS) for alleged extortion and related offences. The prosecution alleged that on 13‑05‑2025 miscreants threatened a construction supervisor and on 15‑05‑2025 the petitioner, along with others, threatened the informant’s father‑in‑law and demanded Rs 50 lakh. The petitioner contended that his name does not appear in the FIR and is mentioned only in the confessional statement of co‑accused Bhim @ Shatrudhan Kumar, who had already been granted bail. The State opposed bail, citing five prior criminal cases against the petitioner. The court, after considering the lack of direct evidence and the bail granted to co‑accused, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations of extortion and related offences.
- Whether the confessional statement of a co‑accused suffices as evidence against the petitioner.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 126(2), 308(4), 329(3), 3(5), 351(2), 352
Subjects
- bail
- extortion
- confessional statement
- criminal antecedent
- regular bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66285 of 2025
Arising Out of PS. Case No.-331 Year-2025 Thana- DIGHA District- Patna
======================================================
Lalu Kumar S/O Ramanuj Prasad Resident of Digha Bans Kothi, Gate No. 93,
P.S- Digha, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Raj, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 126(2), 115(2),
308(4), 329(3), 352, 351(2) & 3(5) of the BNS.
3. The case of the prosecution, in short, is that
construction of market complex was going on and the construction
was being done by S.S. Constructions. On 13.05.2025, unknown
miscreants arrived there and asked the mobile number of the
informant from supervisor and told him to call on phone. He was
identified as Bhim @ Shatrudhan who threatened to stop the
construction work and warned of dire consequences if the work
continued. It is further alleged that on 15.05.2025, five unknown
men including the petitioner came to the informant’s residence and
Patna High Court CR. MISC. No.66285 of 2025(3) dt.30-01-2026
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threatened his father-in-law and also demanded Rs.50,00,000/-
(Rupees Fifty Lakh) as extortion money otherwise they will have
to face the consequence.
4. Learned counsel for the petitioner submits that from
perusal of the FIR it is clear that the name of this petitioner is not
there in the FIR. During course of investigation co-accused Bhim
@ Shatrudhan Kumar has given his confessional statement and the
name of this petitioner has surfaced in the confessional statement
of Bhim @ Shatrudhan Kumar. Save and except the confessional
statement there is nothing against the petitioner. It is further
submitted that Shatrudhan Kumar @ Bhim has been granted bail
by the learned Co-ordinate Bench vide Cr. Misc. No. 81079 of
2025. One another accused, namely, Binod Kumar @ Bilayati has
been granted bail by this Court vide Cr. Misc. No. 87659 of 2025.
It has been submitted that the case of this petitioner stands on
similar footing. Learned counsel for the petitioner has submitted
that the petitioner is in judicial custody since 21.05.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and has
submitted that the petitioner is having criminal antecedent of five
cases.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
Patna High Court CR. MISC. No.66285 of 2025(3) dt.30-01-2026
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above named petitioner is directed to be released on bail in
connection with Digha P.S. Case No. 331 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned A.C.J.M.-IX, Patna.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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