Niraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85467 of 2025 Arising Out of PS. Case No.-12 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Niraj Kumar Singh S/o Rajendra Prasad Singh @ Gajendra Prasad Singh R/o Village - Dashratha, P.S - Beur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP For the Informant :
Ms. Rina Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2026 Heard Mr. Deovind Kumar Singh, learned counsel for the petitioner, Ms. Rina Sinha, learned counsel for the informant and Mr. Shailendra Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 06.09.2025 in connection with S.K. Puri P.S. Case No. 12 of 2024, F.I.R. dated 09.01.2024 for the offences punishable under Sections 341, 323, 504, 427, 447, 385, 379, 406, 420 and 34 of the IPC.
3. According to prosecution case, co-accused Akhilesh Kumar and others are said to have demanded extortion money for doing work on the plot of informant. It is further alleged that the said extortion money has been deposited in various accounts including this petitioner's account also.
4. Learned counsel for the petitioner submits that
2/4 petitioner is innocent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. The petitioner has been made accused merely on the ground that he has received Rs. 9,50,000/- from the coaccused, namely, Akhilesh Kumar in his bank account and the same amount is termed as extortion money for doing work on the plot situated at Anandpuri which was purchased by the informant on 17.04.1999. He further submits on instruction that co-accused, namely, Sunil Kumar has deposited Rs. 5,00,000/- which was transferred by the co-accused Akhilesh Kumar in his bank account. He further submits that the petitioner is also ready to return Rs. 9,50,000/- to the informant. The petitioner is in custody since 06.09.2025.
5. The learned counsel for the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries four criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub
3/4 Divisional Judicial Magistrate, Patna in connection with S.K.Puri P.S. Case No. 12 of 2024, subject to the following conditions:- i. Petitioner shall produce a demand draft of Rs. 5,00,000/- in favour of the informant, namely, Sunil Kumar Tiwary at the time of furnishing bail bond and rest amount of Rs. 4,50,000/- shall be deposited in two equal monthly installments starting from the date of furnishing the bail bond. Learned Court below is directed to hand over the said demand draft to the informant or his representative and if the petitioner fails to deposit any of the installments then the informant is at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner.
ii. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. iii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iv. And further condition that the court below shall
4/4 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T