Patna High Court

Anoj KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties.

Summary

Anoj Kumar was arrested in connection with a case under IPC sections 385 (robbery) and 387 (extortion) alleging that a group of 10‑15 persons obstructed road‑construction workers and demanded a levy. The petitioner contended that he was falsely implicated, his name does not appear in the FIR, and the only incriminating material is a confessional statement in a separate case. He argued that there is no substantive evidence, that a co‑accused had already been granted bail, and that he had been in judicial custody since 18 July 2025. The State opposed the bail application. The Court, after considering the lack of material evidence and the petitioner’s prolonged custody, ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under IPC sections 385 and 387
Whether the absence of the petitioner’s name in the FIR and lack of material evidence justify bail
Whether a prior confessional statement in a different case precludes bail

Legislation cited

Indian Penal Code — s. 385, 387

Subjects

regular bail
IPC 385
IPC 387
robbery
extortion
Criminal Procedure Code
judicial custody
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7587 of 2026
                          Arising Out of PS. Case No.-407 Year-2023 Thana- AMAS District- Gaya
                 ======================================================
                 Anoj Kumar S/O Devnandan Yadav R/O Village- Mahadev Asthan, P.S.-
                 Gurua, Dist.- Gaya                                ... ... Petitioner/s
                                             Versus
                 The State of Bihar Patna                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :        Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                    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 sections 385 and

                   387 of the Indian Penal Code.

                                3. The case of the prosecution is that 10-15 persons

                   were arrived and obstructed the men of the informant who were

                   engaged in road construction work and also demanded a levy. It

                   is further alleged that they were also threatened with dire

                   consequences.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   name of the petitioner is not named in the FIR. It is further

                   submitted that he was apprehend in connection with Gurua P.S.

                   Case No. 232 of 2025 wherein he is alleged to have made a

                   confessional statement           stating that he was involved in the
            Patna High Court CR. MISC. No.7587 of 2026(2) dt.06-02-2026
                                                        2/2




                      occurrence. Save and except the said confessional statement,

                      there is no material on record to implicate the petitioner. It is

                      further submitted that there is only an allegation of demand of

                      levy but no levy was actually paid and leaflet is annexed as the

                      part of the FIR. It is further contended that similarly situated co-

                      accused, namely, Ranjan Kumar @ Ravindra Yadav @ Ravindra

                      Kumar has already been granted bail vide order dated

                      15.01.2026 passed in Cr. Misc. No. 89840 of 2025. Moreover,

                      the petitioner is languishing in judicial custody since

                      18.07.2025.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Amas P.S. Case No. 407 of 2023 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate, 1st Class, Sherghati at Gaya.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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