Patna High Court
Sunil Mahajan @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
In the absence of specific evidence tying the petitioner to the alleged syndicate and given that co‑accused have been granted bail, the court held that the petitioner is entitled to regular bail subject to prescribed conditions.
Summary
The petitioner, Sunil Mahajan, sought regular bail in a case under Sections 111(4), 111(6) and 111(7) of the Bharatiya Nyaya Sanhita, alleging involvement in an organized crime syndicate led by a former MLA. The prosecution alleged extortion, illegal occupation of government land and collection of rent, but the FIR did not specifically detail the petitioner’s role and no witness directly implicated him. The petitioner argued that the main accusation was against the ex‑MLA, that he had no connection to the syndicate, and that similarly situated co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedents. After hearing both sides, the court granted bail on the condition of cooperation with the trial, regular attendance at the police station, and a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 111(4), 111(6) and 111(7) of the Bharatiya Nyaya Sanhita despite the nature of the alleged offences.
- Whether the material on record sufficiently links the petitioner to the alleged organized crime syndicate.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111(4), 111(6), 111(7)
Subjects
- regular bail
- organized crime
- extortion
- criminal antecedent
- Bharatiya Nyaya Sanhita
- trial cooperation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85634 of 2025
Arising Out of PS. Case No.-171 Year-2025 Thana- KHAGAUL District- Patna
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Sunil Mahajan @ Sunil Kumar S/o- Vishwanath Gupta @ Vishwanath Prasad
R/v- Abhiyanta Nagar Gokul Path P.S.- Rupaspur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Ojha, Advocate
Mr. Mritunjay Kumar, Advocate
Mr. Pratyaksha, Advocate
For the Opposite Party/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
CAV ORDER
5 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 111(4),
111(6) & 111(7) of the Bharatiya Nyaya Sanhita.
3. The case of the prosecution, in short, is that the
petitioner and other co-accused persons are working in an
organized crime syndicate and demanding extortion money from
local builders and businessmen as well as forcefully occupying
the government land and other land of the locality. It is also
alleged that on the government land the shops are allotted and
the petitioner and others are collecting the land.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.85634 of 2025(5) dt.13-03-2026
2/3
that from perusal of the FIR itself it is clear that there is
allegation that the petitioner along with others are in the
syndicate of one Ritlal Yadav (Ex-MLA) and are creating
disturbance and demanding rangdaari. From perusal of the FIR
it is not clear as to what is the role of this petitioner. The main
thrust of allegation is against Ritlal Yadav (Ex-MLA). It has
further been submitted that during course of investigation not a
single witness has stated specifically against the petitioner. It
has further been submitted that there is no any material in entire
investigation to show that the petitioner is a member of the
syndicate run by Ex-MLA Ritlal Yadav. During investigation
certain witnesses have stated that one Sunny Kumar has
demanded rent from them. It has further been submitted that
petitioner has got no relation with Ex-MLA Ritlal Yadav and he
has been framed only on the basis of his criminal antecedents.
The petitioner is having criminal antecedent of four cases and he
is in judicial custody since 03.09.2025. It has further been
submitted that similarly situated co-accused Tinku Kumar
Yadav, Shravan Yadav and Shailendra Kumar have been granted
bail by learned Co-ordinate Bench vide Cr. Misc. Nos. 73957 of
2025, 69623 of 2025 and 77020 of 2025 respectively. The case
of this petitioner stands on similar footing.
Patna High Court CR. MISC. No.85634 of 2025(5) dt.13-03-2026
3/3
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail.
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 with the condition that
the petitioner shall co-operate in the trial and shall remain
physically present on each and every date fixed in the learned
trial court and shall mark his weekly attendance at Khagaul
P.S. failing which the learned trial court will be at liberty to
pass any order in accordance with law. The above named
petitioner is directed to be released on bail in connection with
Khagaul P.S. Case No. 171 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned court of A.C.J.M.-I-cum-
Special Judicial Magistrate MP/MLA Court, Patna.
(Ashok Kumar Pandey, J)
durgesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.03.2026
Transmission Date 13.03.2026
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