Patna High Court

Binod Kumar @ BilayativersusThe State of Bihar

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

Holding

The Court held that the petitioner is entitled to bail and ordered his release on bail.

Summary

The petitioner, Binod Kumar, was arrested in connection with an extortion case (PS Digha Case No. 331 of 2025) and has been in judicial custody since 21 May 2025. The FIR does not name him; the only link is a confessional statement of co‑accused Bheem @ Shatrughan that mentions the petitioner. The petitioner sought regular bail, arguing that no other material evidence exists against him and that a co‑accused in a similar case had been granted bail (Cr. Misc. No. 66971 of 2025). The State opposed bail, highlighting the petitioner’s six prior criminal cases. The Court considered the lack of substantive evidence beyond the confessional statement and the principle of bail for non‑bailable offences, and despite the antecedents, decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to regular bail when the only incriminating material is a co‑accused’s confessional statement.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Bihar Negotiable Instruments Act (BNS) — s. 115(2), 126(2), 308(4), 329(3), 3(5), 351(2), 352

Subjects

bail
extortion
confessional statement
criminal antecedent
regular bail
Bihar High Court
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87659 of 2025
                         Arising Out of PS. Case No.-331 Year-2025 Thana- DIGHA District- Patna
                 ======================================================
                 Binod Kumar @ Bilayati Son of Late Sudama Singh Resident of Das
                 Company, Lohanipur, PS- Kadamkuan, District- Patna
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rahul Raj, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, 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 Section 126(2),

                   115(2), 308(4), 329(3), 352, 351(2) & 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that five

                   persons have demanded extortion of Rs.50,000/- from the

                   informant.

                                4. Learned counsel for the petitioner submits that the

                   name of this petitioner is not there in the FIR. During course of

                   investigation one Bheem @ Shatrughan has given his

                   confessional statement and the name of this petitioner has

                   surfaced in the confessional statement of Bheem @ Shatrughan.

                   Learned counsel for the petitioner has submitted that save and

                   except the confessional statement of Bheem @ Shatrughan,
            Patna High Court CR. MISC. No.87659 of 2025(2) dt.12-01-2026
                                                        2/2




                      there is nothing against the petitioner. It has further been

                      submitted that similarly situated co-accused has been granted

                      bail by the learned Co-ordinate Bench vide Cr. Misc. No. 66971

                      of 2025. The case of this petitioner stands on similar footing.

                      Learned counsel for the petitioner has lastly submitted that the

                      petitioner is in judicial custody since 21.05.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner and

                      has submitted that the petitioner is having criminal antecedent

                      of six cases.

                                   6. Considering the aforesaid 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 Digha P.S. Case No. 331 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

                      A.C.J.M.-IX, Patna.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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