Patna High Court

Chhotu KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner.

Summary

Chhotu Kumar was arrested in connection with a Falka police case involving alleged extortion of a rickshaw driver, under Section 140(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the driver was threatened, assaulted and forced to pay a ransom, and that a payment of Rs.15,000 was transferred to an account linked to the petitioner. The petitioner’s counsel argued that he was not named in the FIR, that the allegation against him was based only on the account number, and that no specific overt act was attributed to him; the victim’s statement under Section 183 also did not mention him. The State opposed bail, but the court noted the lack of concrete evidence, the petitioner’s clean record and the length of his pre‑trial custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is sufficiently implicated to justify continued detention under Section 140(2) of the BNSS
Whether bail should be granted in the absence of specific overt acts and a victim’s statement naming the petitioner

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 140(2), 183

Subjects

bail
criminal law
extortion
false implication
Bharatiya Nyaya Sanhita
Section 140(2)
Section 183

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77131 of 2025
                         Arising Out of PS. Case No.-95 Year-2025 Thana- FALKA District- Katihar
                 ======================================================
                 Chhotu Kumar Son of Chandan Mandal Resident of Village- Morsanda
                 (Mandal Tola), P.S.- Falka, District- Katihar



                                                                                    ... ... Petitioner/s
                                                        Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Falka

                   P.S. Case No. 95 of 2025 instituted for the offences under

                   Section 140(2) of the Bharatiya Nyaya Sanhita, 2023.

                               3. Prosecution case, in short, is that on 11.08.2025 at

                   night, the informant, a Toto (rickshaw) driver, was allegedly

                   hired by the accused persons and taken to a lonely place where

                   he was threatened with a country-made pistol, assaulted, and

                   demanded ₹1,00,000/- as rangdari. Upon request, ₹15,000/-

                   was allegedly transferred by the informant’s family to a Pay
Patna High Court CR. MISC. No.77131 of 2025(3) dt.03-02-2026
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          Phone number on the instruction of co-accused, after which the

          informant was again assaulted and threatened.

                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case on the basis of his account number on

          which the amount of Rs. 15,000/- was credited. Learned counsel

          for the petitioner submitted that general and omnibus allegation

          has been made against the petitioner. No specific overt act is

          alleged against the petitioner. Learned counsel further submitted

          that the victim in his statement recorded under Section 183 of

          the BNSS has not stated anything against the petitioner. It has

          been submitted on behalf of the petitioner that the petitioner is

          in custody since 13.08.2025 and has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.77131 of 2025(3) dt.03-02-2026
                                                       3/3




                     below/concerned Court in connection with Falka P.S. Case No.

                     95 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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