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Patna High Court

Sunil Mahajan @ Sunil KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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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