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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners subject to conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

Mukesh Kumar and Rakesh Kumar applied for bail after an FIR (Case No. 338 of 2025) alleged they committed extortion, assault, and theft of Rs.25,000, invoking several sections of the Bharatiya Nagrik Suraksha Sanhita (BNS). The petitioners contended they were merely consumers of the informant's PDS shop and that a minor altercation led to simple injuries, denying any extortion. The State opposed bail, arguing the injuries indicated active participation in the crime. The Court considered the nature of the accusations, the petitioners' clean antecedent, and their undertaking to cooperate, and granted bail subject to conditions under Section 482(2) of the BNS. The bail order required a bond of Rs.10,000 with two sureties, family involvement, and prohibitions against witness intimidation or evidence tampering.

Issues considered

  • Whether the petitioners are entitled to bail in view of the alleged offences under the BNS
  • Whether the petitioners pose a risk of witness intimidation or evidence tampering

Legislation cited

Subjects

  • bail
  • extortion
  • assault
  • criminal procedure
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita
  • witness intimidation
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 83572 of 2025
                    Arising Out of PS. Case No.-338 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
           1.     Mukesh Kumar S/o- Bilash Sah @ Rambilash Sah Janta Road Nagar Parisad
                  Triveniganj (W.No-12 Latauna) Ps- Triveniganj Dist- Supaul
           2.    Rakesh Kumar S/o- Bilash Sah @ Rambilash Sah Janta Road Nagar Parisad
                 Triveniganj (W.No-12 Latauna) Ps- Triveniganj Dist- Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Naresh Kumar Mehta
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   05-01-2026                  Heard the parties.

                                2. The petitioners apprehend their arrest in connection

                   with Triveniganj P.S. Case No. 338 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 351(2), 352,

                   380(3), 303(2), 109(1), 3(5) of the BNS.

                                3. The allegation against the petitioners is of demand

                   of extortion and causing assault to the son of the informant,

                   besides snatching of Rs.25,000/- from the informant.

                                4.Learned Advocate for the petitioners submitted that

                   the petitioners are none else but the consumer of the PDS shop,

                   which is being run by the informant and only on account of

                   some trifle, a free fight has taken place resulting into some
Patna High Court CR. MISC. No. 83572 of 2025(2) dt.05-01-2026
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          unfortunate injuries to the son of the informant. However, in

          order to wreak vengeance and put pressure, the present FIR

          came to be instituted with some concocted story. There is

          complete denial of allegation of extortion. Moreover, the

          petitioners are men of fair antecedent and they undertake before

          this Court that they will fully cooperate in the proceeding of the

          court. It is lastly contended that be that as it may, it is alleged

          that the petitioner No. 2 has assaulted the son of the informant

          by means of butt of the pistol, however the injuries are found to

          be simple in nature as is evident from the impugned order.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          corresponding injury to the informant and his son clearly says

          about the active participation of the petitioners in the crime.

                       6. Having considered the submissions set forth by the

          learned Advocates for the respective parties and taking note of

          the nature of accusation, coupled with the fair antecedent and

          their undertaking before this Court, let the petitioners

          abovenamed be released on bail, in the event of their arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, upon

          furnishing bail bonds of Rs.10,000/- (ten thousand) each with
           Patna High Court CR. MISC. No. 83572 of 2025(2) dt.05-01-2026
                                                       3/3




                     two sureties of the like amount each to the satisfaction of the

                     learned ACJM-I, Supaul in connection with Triveniganj P.S.

                     Case No. 338 of 2025, subject to the conditions laid down in

                     Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023,

                     with the further conditions:

                                  (i) that one of the bailors shall be the own/close

                     family members of the petitioners,

                                  (ii) that the petitioners would not indulge in

                     intimidating the witnesses/informant or tampering with the

                     evidence, and

                                  (iii) that in case, the petitioners shall be found indulge

                     in intimidating the informant/witnesses or tampering with the

                     evidence, the informant shall be at liberty to file an application

                     for cancellation of the bail of the petitioners.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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