Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5733 of 2026 Arising Out of PS. Case No.-407 Year-2023 Thana- AMAS District- Gaya ====================================================== Rahul Kumar S/o Uday Yadav Resident of Village- Jogni Bardih, P.S.- Salaiya, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Singh, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Amas P.S. Case No. 407 of 2023 registered for the offence punishable under Sections 385 and 387 of the Indian Penal Code.
3. The case of the prosecution, in short, is that on 06.12.2023, 10-15 persons being armed with weapons arrived and stopped the work of road construction. They also gave a leaf (parcha) of CPI Mauwadi and demanded levy. They also threatened that they will not be allowed to work unless the levy is paid.
Patna High Court CR. MISC. No.5733 of 2026(3) dt.18-02-2026 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner was remanded in this case from Gurua P.S. Case No. 232 of 2025 and in that case the petitioner has given his confessional statement. Save and except the confessional statement, there is nothing against the petitioner. He also submits that from perusal of the FIR, it is also clear that there is no specific allegation against the petitioner and there is only allegation of demand, no levy or extortion money was paid. He further submits that the petitioner is languishing in judicial custody since 05.07.2025.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of three case.
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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection
Patna High Court CR. MISC. No.5733 of 2026(3) dt.18-02-2026 3/3 with Amas P.S. Case No. 407 of 2023.
(Ashok Kumar Pandey, J) Sudhanshu/- U T