Patna High Court
Ankit Kumar PathakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the petitioner’s serious criminal antecedents preclude the grant of regular bail.
Summary
Ankit Kumar Pathak was arrested in connection with a case registered under sections 317(2), 310(4/5) of the B.N.S., 2023 and sections 25(1-b)a, 26 and 35 of the Arms Act. The petitioner sought regular bail, claiming he had been in custody since 16-10-2024. The State opposed the bail, highlighting that the petitioner has eight prior criminal cases, including two murders, and that weapons and a mobile phone were recovered from him. The High Court, recalling its earlier order denying bail on 23-07-2025, found the antecedents serious enough to refuse bail again. Consequently, the bail application was dismissed and the trial court was directed to expedite the trial.
Issues considered
- Whether regular bail should be granted to a petitioner charged with serious offences under the B.N.S. and Arms Act, considering his multiple criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- B.N.S., 2023 — s. 310(4/5), 317(2)
Subjects
- bail
- criminal antecedents
- serious offences
- Arms Act
- B.N.S.
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1140 of 2026
Arising Out of PS. Case No.-232 Year-2024 Thana- SARAI District- Vaishali
======================================================
Ankit Kumar Pathak S/O Bipin Pathak @ Bipin Kumar Pathak R/O Village-
Rampur Baghel, P.S- Sahdei,(Deshari), District- Vaishali.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Amit Kumar Jha, Advocate
For the Opposite Party : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Sarai P.S.
Case No.232 of 2024 registered for the offence under sections
317(2), 310(4/5) of the B.N.S., 2023 and sections 25(1-b)a, 26
and 35 of the Arms Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 23.07.2025 passed in Criminal
Miscellaneous No.17816 of 2025. The aforesaid order dated
23.07.2025 reads as under:-
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Sarai P.S. Case No.232 of
2024 registered for the offence under Sections
317(2), 310(4/5) of the BNS and Sections 25(1-
b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, while the
criminals were preparing to commit a crime,
the police caught them and there is recovery of
one country made pistol, two live cartridges
Patna High Court CR. MISC. No.1140 of 2026(2) dt.12-02-2026
2/2
and one mobile phone from the petitioner. The
other recoveries are also there from the other
co-accused. The petitioner is accused in eight
more case out of which there are two cases of
murder.
4. Learned counsel for the petitioner
submits that the petitioner is in custody since
16.10.2024.
5. Learned APP for the State has
vehemently opposed the prayer for bail of the
petitioner.
6. Considering the criminal antecedent
of the petitioner, I am not inclined to grant bail
to the petitioner. Accordingly, this application
for regular bail is hereby rejected.
7. The Court below is directed to
expedite the trial of the petitioner after framing
of charge.”
4. Considering the fact that the petitioner has
eight antecedents, I am not inclined to review my earlier order
dated 23.07.2025. Accordingly, this bail application is
dismissed.
5. The trial court is directed to expedite the trial
and conclude the same at the earliest.
(Sandeep Kumar, J)
pawan/-
U T
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