Patna High Court

Sudhir KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

Sudhir Kumar was arrested in connection with an alleged extortion and theft incident where five persons seized a bike, demanded money, and forced a transfer of funds from the informant's mobile. He was charged under sections 308(4), 308(5) and 3(5) of the B.N.S. and has been in judicial custody since 15‑08‑2025. The petitioner pleaded innocence, argued that the allegations were general, highlighted his clean record and pointed out that co‑accused Sameen Raj and Nitish Kumar had previously been granted bail in similar cases. The State opposed the bail application. After hearing both sides, the Court found the petitioner's circumstances favorable and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the charges under sections 308(4), 308(5) and 3(5) of the B.N.S.
Whether the petitioner’s lack of criminal antecedents and the precedent of bail granted to co‑accused justify granting bail.

Legislation cited

B.N.S. — s. 308(4), 308(5), 3(5)

Subjects

bail
regular bail
extortion
theft
criminal procedure
B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86208 of 2025
                     Arising Out of PS. Case No.-250 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Sudhir Kumar Son of Surendra Yadav Resident of village - Pipra, P.S.-
                 Govindpur, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mrs. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                    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 308(4),

                   308(5) and 3(5) of B.N.S.

                                3. The case of the prosecution is that the informant

                   had gone to Jharkhand along with his friends and has consumed

                   alcohol at Jharkhand. Thereafter, while they were returning to

                   their village, five persons intercepted them and took the key of

                   the bike and started demanding extortion money and snatched

                   Rs. 14,000/- from their pocket and also took the golden chain of

                   the informant. It is further alleged that one Nitish Kumar

                   forcefully transferred Rs. 34,000/- from the mobile number of

                   the informant through scanner.
Patna High Court CR. MISC. No.86208 of 2025(2) dt.12-01-2026
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                       Learned counsel for the petitioner has submitted that

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that though the

          petitioner is named in FIR but the nature of allegation is general

          and omnibus. It has further been submitted that similarly

          situated co-accused persons, namely, Sameen Raj and Nitish

          Kumar have been granted bail by this Court as well as from

          learned co-ordinate Bench of this court vide order dated

          19.11.2025 and 10.11.2025 passed in Cr. Misc. Nos. 76584 of

          2025 and         72188 of 2025 respectively. The case of this

          petitioner stands on better footing than of co-accused Nitish. A

          statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. Moreover, the

          petitioner is languishing in judicial custody since 15.08.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular 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. The above named

          petitioner is directed to be released on bail in connection with

          Govindpur P.S. Case No. 250 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.86208 of 2025(2) dt.12-01-2026
                                                        3/3




                      each to the satisfaction of learned Sub Divisional Judicial

                      Magistrate, Nawada.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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