Patna High Court

Anoj KumarversusThe State of Bihar

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

Holding

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

Summary

The petitioner, Anoj Kumar, sought bail in a criminal case (Gurua P.S. Case No. 192 of 2025) alleging offences under Sections 308(5) and 3(5) of the B.N.S. The prosecution alleged that the petitioner was involved in extortion of a contractor’s levy by armed miscreants and that a confessional statement of co‑accused Rahul Kumar implicated him. The petitioner contended that he was falsely implicated, that the FIR was lodged against unknown persons, and that the only evidence against him was the co‑accused’s confession; he also pointed to the grant of bail to a similarly situated co‑accused, Ranjan Kumar, in Cr. Misc. No. 89798 of 2025. The State opposed bail, highlighting two prior criminal cases against the petitioner. After hearing both sides, the Court found the circumstances sufficient to justify bail and ordered the petitioner’s release on a Rs.10,000 bond with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a case under Sections 308(5) and 3(5) of the B.N.S. given the nature of the allegations and the evidence.
Whether the confessional statement of a co‑accused alone is sufficient to justify continued detention.

Legislation cited

B.N.S. — s. 308(5), 3(5)

Subjects

bail
criminal procedure
confessional statement
Naxal
extortion
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8146 of 2026
                         Arising Out of PS. Case No.-192 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Anoj Kumar, Son of Devnandan Yadav, R/o Village - Mahadev Asthan, P.S. -
                 Gurua, Dist. - Gaya.
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... 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 bail in connection with

                   Gurua P.S. Case No. 192 of 2025 registered for the offence

                   punishable under Sections 308(5) and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that three

                   armed miscreants told the Poclain Operator to stop the work and

                   directed him to ask the contractor to pay levy after that, they will

                   be able to start the work. It is further alleged that on the next day

                   also a call was received on the mobile of the informant to the

                   effect that Naxali Mukesh was calling from the other side and was

                   demanding levy of 5%.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. The F.I.R. was
             Patna High Court CR. MISC. No.8146 of 2026(2) dt.06-02-2026
                                                         2/2




                       lodged against unknown miscreants. Name of this petitioner has

                       surfaced in this case during investigation in the confessional

                       statement of one co-accused Rahul Kumar. This petitioner has also

                       given his confessional statement. Save and except confessional

                       statement, there is nothing against him. It has also been submitted

                       that similarly situated co-accused Ranjan Kumar has been granted

                       bail by this Court vide Cr. Misc. No. 89798 of 2025. The case of

                       this petitioner stands on similar footing footing. Moreover, he is

                       languishing in judicial custody since 05.07.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail and has submitted that petitioner

                       is having criminal antecedent of two cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail bond

                       of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                       like amount each to the satisfaction of the learned Judicial

                       Magistrate 1st Class, Sherghati at Gaya in connection with Gurua

                       P.S. Case No. 192 of 2025.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T

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