Shailesh Kumar @ Shailesh Ray @ Shailesh Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25283 of 2026 Arising Out of PS. Case No.-332 Year-2025 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Shailesh Kumar @ Shailesh Ray @ Shailesh Roy Son of Ram Balak Prasad Yadav @ Rambalak Rai @ Ram Balak Pd. Yadav Resident of village - Yadopur Bakhari, P.S.- Dhaka, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 13-05-2026 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner makes a prayer for bail in connection with Kundwa Chainpur P.S Case No. 332 of 2025 F.I.R dated 06.12.2025 registered for the offences punishable under Sections 308(5), 3(5) of BNS.
3. As per the prosecution case, on 06.12.2025, while the informant was returning home on his motorcycle, an unknown person requested a lift and later took him to a secluded place where four other persons arrived on motorcycles. It is alleged that they threatened the informant, demanded extortion money, and due to fear, he transferred Rs. 10,000 through phone
Patna High Court CR. MISC. No.25283 of 2026(3) dt.13-05-2026 2/3 payment, after which the accused persons fled away and the informant informed the police.
4. Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and has falsely been implicated in this case. Counsel for the petitioner submits that FIR is registered against five unknown persons who have extorted Rs.10000/- via a digital scanner after threatening him with weapons. It is stated that during course of investigation it was found that the scanner belongs to other co-accused person, namely, Sachin Kumar Jha, while other co-accused person, namely Raushan Kumar was arrested and on whose disclosure the name of this petitioner and other four persons have transpired in this case. Petitioner is in languishing in judicial custody since 24.01.2026.
Learned counsel for the petitioner submits that similarly situated co-accused person, namely Raushan Kuar has been granted bail by a Co-ordinate Bench of this Court vide order dated 04.05.2026 passed in Cr. Misc. No. 28222 of 2026. Counsel for the petitioner fairly submits that the petitioner has 12 criminal antecedents akin to the present case in which he is on bail as stated by learned counsel for the petitioner and by referring to the judgment passed in the case of Ayub Khan Vs. The State of Rajasthan passed in Cr.
Patna High Court CR. MISC. No.25283 of 2026(3) dt.13-05-2026 3/3 Special Leave Petition (Crl.) No. 10587 of 2023, submits that merely because of the antecedent, the consideration of bail may not be denied.
5. Learned Additional Public Prosecutor for the State opposes the prayer for regular bail.
6. Considering the facts and circumstances and the period of custody, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned J.M. 1st Class, Sikrahna at Dhaka, East Champaran in connection with Kundwa Chainpur P.S Case No. 332 of 2025, subject to the condition that the petitioner shall co-operate in the investigation/trial. (Ajit Kumar, J) Abhishek/- Sanjay/- U T