Patna High Court
Ankit Kumar @ Rahish Yadav @ Rahish KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court denied regular bail to the appellant, finding no fresh ground to revisit the earlier denial.
Summary
The appellant, Ankit Kumar, is in judicial custody for alleged murder under Sections 302/34 of the IPC, along with charges under Section 27 of the Arms Act and Section 3(2)(V) of the SC/ST Act. The FIR alleges that he, with co‑accused, abused an informant’s son and that the appellant fired a pistol, causing the son’s death. The appellant contends he has been falsely implicated and had previously sought regular bail, which was denied on 26‑04‑2024 in Criminal Appeal (SJ) No. 320 of 2024. He again applied for regular bail, arguing no fresh ground exists to reconsider the earlier denial. The Court, after hearing counsel, found no sufficient change in circumstances and rejected the bail application, upholding the earlier decision.
Issues considered
- Whether the appellant is entitled to regular bail despite the serious nature of the offences and the prior denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(V)
Subjects
- regular bail
- murder
- IPC
- Arms Act
- SC/ST Act
- criminal appeal
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4720 of 2025
Arising Out of PS. Case No.-159 Year-2023 Thana- NAUBATPUR District- Patna
======================================================
Ankit Kumar @ Rahish Yadav @ Rahish Kumar S/o- Rahish Yadav @ Rahish
Kumar Resident of village- Ragniyabagh PO- Dhobiya Kalapur
Dhobiakalapur, PS- Naubatpur Dist- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Lal Bihari Paswan S/o- Late Kailash Paswan R/v- Ram Caharan Chhattni
Ps- Naubatpur Dist- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Nazia Shabah, Advocate
For the Respondent/s : Mr. Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 25-02-2026 Heard learned counsel for the appellant and learned
Special P.P. for the State.
2. The appellant is in custody in a case registered for
the offence punishable under Sections 302/34 of the IPC,
Section 27 of the Arms Act and Sections 3(2) (V) of the SC/ST
Act.
3. As per allegation in the FIR, the appellant along
with other co-accused persons is that they abused the
informant’s son and appellant opened fire by pistol upon the son
of the informant due to which he died during treatment.
4. Learned counsel for the appellant submits that
appellant has falsely been implicated in this case. Appellant is in
Patna High Court CR. APP (SJ) No.4720 of 2025(4) dt.25-02-2026
2/2
judicial custody since 13.03.2023. He next submits that earlier
prayer for regular bail of the appellant was rejected by this
Court vide order dated 26.04.2024 passed in Cr. Appeal (SJ) No.
320 of 2024.
5. Since, earlier prayer for regular bail of the appellant
was rejected by this Court vide order dated 26.04.2024 passed in
Cr. Appeal (SJ) No. 320 of 2024. This time also there is no fresh
ground to consider his prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, I am not
inclined to grant regular bail to the petitioner.
7. Accordingly, prayer for regular bail of the petitioner
is hereby rejected once again.
(Ramesh Chand Malviya, J)
Mayank/-
U T
Checking your session…