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Patna High Court

Sakil Ahemad @ TinkaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Sakil Ahemad, sought anticipatory bail fearing arrest in PS Pranpur Case No. 173 of 2024, which involves offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that three unknown persons robbed an informant at gunpoint, seizing a motorcycle key, Rs. 35,000 and a mobile phone. The petitioner’s name was implicated based on the confessional statements of co‑accused Rohit Kumar and Aniket Kumar, which the petitioner contends are false. The State opposed bail, arguing that the alleged crime was well‑planned and that the petitioner has prior criminal antecedents. After considering the facts, the alleged planning, and the petitioner’s antecedents, the court declined to grant anticipatory bail, rejecting the petition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the alleged involvement and prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 309(4)
  • Bharatiya Nyaya Sanhita
  • criminal antecedents
  • robbery
  • bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11956 of 2026
                       Arising Out of PS. Case No.-173 Year-2024 Thana- PRANPUR District- Katihar
                 ======================================================
                 Sakil Ahemad @ Tinka S/o Irfan Ansari R/o Village- Bastaul, P.S- Pranpur,
                 Dist- Katihar.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Jitendra Kumar Giri, Advocate
                 For the Opposite Party/s :        Mr.Shantanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Pranpur P.S. Case No. 173 of 2024, instituted for the

                   offences punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita, 2023.

                               3. The prosecution case, in short, is that, three

                   unknown persons accosted the informant and looted his

                   motorcycle key, cash of Rs. 35,000/- and his mobile phone on

                   the point of pistol.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   confessional statement of co-accused Rohit Kumar and Aniket
           Patna High Court CR. MISC. No.11956 of 2026(2) dt.25-02-2026
                                                       2/2




                     Kumar. Learned counsel for the petitioner submitted that

                     general and omnibus allegation has been made against the

                     petitioner. It has been submitted on behalf of the petitioner that

                     the petitioner has three criminal antecedents.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner. He further

                     submitted that petitioner has committed the alleged offence

                     under well planned manner. Therefore, he does not deserve to be

                     released on anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances

                     of the case as well as considering the criminal antecedents of the

                     petitioner, this court is not inclined to grant anticipatory bail to

                     the petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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