Patna High Court
Nitu Singh @ Niteshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to stipulated conditions.
Summary
The petitioner, Nitu Singh, sought anticipatory bail after learning of a pending case (PS Case No. 93 of 2015) alleging offences under Sections 387 and 120(B) of the IPC. He claimed the FIR was lodged against unknown persons, that the mobile number used for extortion did not belong to him, and that he was being falsely implicated. The State opposed the bail, arguing the seriousness of the alleged offences. The Court examined the facts, noting the lack of direct evidence linking the petitioner to the alleged extortion and the possibility of arrest within eight weeks. It granted anticipatory bail on the condition of a Rs.10,000 bail bond, two sureties, and compliance with Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., subject to surrender before the lower court.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the CrPC in a case involving alleged extortion and criminal conspiracy under IPC Sections 387 and 120(B).
- Whether the petitioner’s claim of non‑involvement and lack of ownership of the alleged extortion phone number warrants bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(B), 387
Subjects
- anticipatory bail
- extortion
- criminal conspiracy
- IPC 387
- IPC 120B
- CrPC Section 438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7923 of 2026
Arising Out of PS. Case No.-93 Year-2015 Thana- PAKRIDAYAL District- East Champaran
======================================================
Nitu Singh @ Niteshwar Singh Son of Bharat singh Resident of Village -
Bokane Kala, P.S. - Patahi, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 387, 120(B) of the
Indian Penal Code.
3. It is alleged that some unknown miscreants
obstructed the construction work of the informant, demanded
extortion money and also threatened with dire consequences, if
extortion money was not paid to them.
4. F.I.R. is against unknown. Name of the petitioner
transpired during investigation. The mobile number, from which
alleged extortion was demanded, does not belong to this
petitioner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
Patna High Court CR. MISC. No.7923 of 2026(2) dt.20-02-2026
2/2
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender before the Court below within a
period of eight weeks from today, let the above named petitioner
be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Motihari, East
Champaran in connection with Pakaridayal P.S. Case No. 93 of
2015, subject to condition as laid down under Section 438(2) of
the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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