Patna High Court
Niraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted to the petitioner subject to stringent conditions.
Summary
The petitioner, Niraj Kumar Singh, was arrested on 6 September 2025 in connection with a case involving alleged extortion and a series of offences under Sections 341, 323, 504, 427, 447, 385, 379, 406, 420 and 34 of the Indian Penal Code. The prosecution alleged that the petitioner received Rs. 9,50,000 from a co‑accused as extortion money related to a plot transaction, and that the money was deposited in his bank account. The petitioner contended that he was falsely implicated, that the money was transferred by the co‑accused, and he was willing to return the amount to the informant. The informant opposed bail, citing four prior criminal antecedents of the petitioner. The High Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions including payment of a demand draft of Rs. 5,00,000 to the informant and installment payments of the balance, cooperation with the trial, and no tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses
- Whether the conditions imposed by the court are appropriate to ensure the petitioner’s compliance and the interests of justice
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 385, 406, 420, 427, 447, 504
Subjects
- bail
- extortion
- Indian Penal Code
- criminal antecedent
- high court
- bail conditions
- multiple offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85467 of 2025
Arising Out of PS. Case No.-12 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Niraj Kumar Singh S/o Rajendra Prasad Singh @ Gajendra Prasad Singh R/o
Village - Dashratha, P.S - Beur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
For the Informant : Ms. Rina Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Deovind Kumar Singh, learned counsel
for the petitioner, Ms. Rina Sinha, learned counsel for the
informant and Mr. Shailendra Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.09.2025 in connection with S.K. Puri P.S. Case No. 12 of
2024, F.I.R. dated 09.01.2024 for the offences punishable under
Sections 341, 323, 504, 427, 447, 385, 379, 406, 420 and 34 of
the IPC.
3. According to prosecution case, co-accused
Akhilesh Kumar and others are said to have demanded extortion
money for doing work on the plot of informant. It is further
alleged that the said extortion money has been deposited in
various accounts including this petitioner's account also.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.85467 of 2025(3) dt.25-03-2026
2/4
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. The petitioner has been made accused merely
on the ground that he has received Rs. 9,50,000/- from the co-
accused, namely, Akhilesh Kumar in his bank account and the
same amount is termed as extortion money for doing work on
the plot situated at Anandpuri which was purchased by the
informant on 17.04.1999. He further submits on instruction that
co-accused, namely, Sunil Kumar has deposited Rs. 5,00,000/-
which was transferred by the co-accused Akhilesh Kumar in his
bank account. He further submits that the petitioner is also ready
to return Rs. 9,50,000/- to the informant. The petitioner is in
custody since 06.09.2025.
5. The learned counsel for the informant as well as
learned Additional Public Prosecutor have vehemently opposed
the prayer for bail of the petitioner on the ground that petitioner
carries four criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Sub
Patna High Court CR. MISC. No.85467 of 2025(3) dt.25-03-2026
3/4
Divisional Judicial Magistrate, Patna in connection with
S.K.Puri P.S. Case No. 12 of 2024, subject to the following
conditions:-
i. Petitioner shall produce a demand draft of Rs.
5,00,000/- in favour of the informant, namely, Sunil Kumar
Tiwary at the time of furnishing bail bond and rest amount of
Rs. 4,50,000/- shall be deposited in two equal monthly
installments starting from the date of furnishing the bail bond.
Learned Court below is directed to hand over the said demand
draft to the informant or his representative and if the petitioner
fails to deposit any of the installments then the informant is at
liberty to move before the learned Court below for cancellation
of the bail bond of the petitioner.
ii. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
iii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
Patna High Court CR. MISC. No.85467 of 2025(3) dt.25-03-2026
4/4
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…