Nilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1232 of 2025 Arising Out of PS. Case No.-154 Year-2022 Thana- SONO District- Jamui ====================================================== Nilesh Kumar S/o Satyendra Ray Resident Of Village- Sono, Ps - Sono, Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Adv.
For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Sono P.S. Case No. 154 of 2022 instituted for the offences under Sections 147, 148, 149, 341, 323, 342, 385, 387, 307 of the Indian Penal Code.
3. Allegation against the petitioner is of demanding a sum of Rs. 5 lakhs as extortion. It is further alleged that when he refused to give the same, this petitioner along with other coaccused persons has assaulted the informant with intention to kill him. It is alleged that the petitioner has assaulted the Informant upon his scrotum.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.1232 of 2025(4) dt.15-07-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Learned counsel further submitted that petitioner never demanded any extortion. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. Learned counsel for the petitioner submitted that police, after investigation, submitted the chargesheet under bailable sections against this petitioner and the petitioner was granted bail by the police. However, learned Trial Court took cognizance against the petitioner for the offences under Sections 147, 148, 149, 341, 342, 323, 385, 387, 307 of the Indian Penal Code by the order dated 04.01.2024.
Learned counsel further submitted that Sections 387 and 307 of the IPC are non-bailable. Charge-sheet has been submitted in this case under Sections 341, 342, 323, 504, 506, 34 of the I.P.C. The petitioner has altogether seven criminal antecedents and, all of them, he is on bail as has been stated in Para-3 of the present bail petition.
5. Learned counsel for the petitioner further submits that the co-accused Rishiraj has been granted regular bail by this Court vide order dated 10.12.2024 passed in Cr. Misc. No. 83836 of 2024.
Patna High Court CR. MISC. No.1232 of 2025(4) dt.15-07-2025 3/3
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner, stating that the offence alleged is serious in nature. The petitioner has seven criminal antecedents.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sono P.S. Case No. 154 of 2022, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) rishi/- U T