Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed; the petitioner was not entitled to bail.
Summary
The petitioner, Neeraj Kumar, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act for alleged gang‑related extortion of Rs. 2,59,260 from an informant. He has been in custody since 17‑12‑2024 and has five prior criminal antecedents. The petitioner sought regular bail, arguing that the trial had been delayed, while the informant’s counsel warned that the petitioner was threatening witnesses from jail. The court noted the seriousness of the offences, the petitioner’s alleged role in an organized gang, the threat to the informant and witnesses, and the fact that the trial had already commenced. Consequently, the court declined to revisit its earlier order and dismissed the bail application, directing police protection for the informant and witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and alleged threat to witnesses
- Whether the delay in trial warrants bail in the present case
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 303(2), 308(4), 3(5), 351(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- bail
- organized crime
- extortion
- witness protection
- trial delay
- IT Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81447 of 2025
Arising Out of PS. Case No.-418 Year-2024 Thana- BACHHWARA District- Begusarai
======================================================
Neeraj Kumar S/o- Ram Udagar Ishwar R/v- Salempur Ps-Bachhawara
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Bachhwara P.S.
Case No. 418 of 2024 registered for the offence under Sections
115(2), 308(4), 351(2), 303(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 66(C) and 66(D) of the IT Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 30.04.2025 passed in Cr. Misc.
No. 23990 of 2025, which reads as under:
“Heard the learned counsel for the
petitioner, the learned counsel for the State and
the learned counsel for the informant.
2. The petitioner seeks regular bail in
connection with Bachhwara P.S. Case No. 418
of 2024 registered for the offence under
Sections 115(2), 308(4), 351(2), 303(2), 3(5) of
Patna High Court CR. MISC. No.81447 of 2025(2) dt.09-02-2026
2/3
the Bharatiya Nyaya Sanhita, 2023.
3. From the FIR as well as other
materials in the case diary, it appears that the
petitioner is a member of an organized gang
and the members of the gang trap innocent
people, call them for providing a job and
thereafter they extort money after beating them.
4. This has happened with the
informant also. The petitioner and others co-
accused had taken a total of Rs. 2,59,260/- from
the informant. The petitioner is in custody since
17.12.2024 and has five criminal antecedents
also.
5. Considering the serious allegations
levelled against the petitioner, I am not inclined
to grant bail to the petitioner. Accordingly, this
application for regular bail is hereby rejected.”
4. Learned counsel for the petitioner submits that
since the trial has been delayed, the petitioner may be granted
bail.
5. Learned counsel for the informant submits that one
witness has been examined and the informant is ready to
examine the witnesses but he is being threatened by the
petitioner from jail.
6. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
7. Accordingly, the application stands dismissed.
9. The Superintendent of Police, Begusarai is directed
to provide all protection to the informant and his witnesses so
Patna High Court CR. MISC. No.81447 of 2025(2) dt.09-02-2026
3/3
that they can depose in the trial.
10. Let a copy of this order be communicated to the
Superintendent of Police, Begusarai forthwith through FAX or
e-mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.