Patna High Court
Anish Kumar @ MilkiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners – Anish Kumar, Prashant Pathak and Ramanshu Kumar Singh – were charged under several provisions of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act for allegedly taking part in a firing incident. The prosecution’s case was based on police information that two groups were firing, with spent cartridges and pellets recovered from two parked cars, and the petitioners were identified as participants. The defence argued that the petitioners were falsely implicated, there was no direct evidence, no incriminating material was seized from them, no independent witnesses existed, and a test identification parade had not been conducted. The court noted that the charge‑sheet had been filed, the petitioners had no serious criminal antecedents, and similarly situated co‑accused had already been granted bail. Accordingly, the court ordered bail for each petitioner on a bond of Rs 10,000 with two sureties, subject to conditions of surety, appearance before the trial court and cancellation on breach. The order was pronounced by Justice Sunil Dutta Mishra of the Patna High Court.
Issues considered
- Whether bail should be granted to the accused under the specified sections of the Bharatiya Nyaya Sanhita and the Arms Act in view of the evidentiary material and the circumstances of the case.
- Whether the absence of direct incriminating evidence and the grant of bail to similarly situated co‑accused justify the release of the petitioners on bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(2), 126(2), 190, 191(2), 191(3), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- evidence
- presumption of innocence
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1272 of 2026
Arising Out of PS. Case No.-852 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Anish Kumar @ Milki S/O Satendra Narayan Singh @ Satendar Singh @
Satyendra Narayan Singh R/O Village- Ahirouli, P.S- Sheoshagar, Distt.-
Rohtas. A/P resident of Geetaghat Colony Ward no. 10, P.S- Sasaram, Dist.-
Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 2618 of 2026
Arising Out of PS. Case No.-852 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Prashant Pathak S/O Dineshwar Kumar Pathak Resident of village -
Bhavadih, P.S.- Nokha, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3020 of 2026
Arising Out of PS. Case No.-852 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ramanshu Kumar Singh S/O Ravi Nandan Singh Residnet of village-
Kumhau, P.S.- Sheosagar , District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 1272 of 2026)
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 2618 of 2026)
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
(In CRIMINAL MISCELLANEOUS No. 3020 of 2026)
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
Patna High Court CR. MISC. No.1272 of 2026(3) dt.23-02-2026
2/4
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 23-02-2026 Heard learned Advocates for the petitioners and
learned A.P.Ps. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(2), 109(1), 352 of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. The prosecution case, in brief, is that police
received information about two groups indulging in firing. The
informant with her police party reached the spot and found two
cars parked there. Some spent cartridges and pellets were found
near the car as well as in one of the vehicles. The police on
inquiry came to know about the petitioners who were involved
along with other co-accused persons in the aforesaid occurrence.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case merely on suspicion. No specific overt act is
alleged against the petitioners. Further he submits that petitioner
Ramanshu Kumar Singh was himself injured in this case. There
is no independent witness to support the prosecution case. No
incriminating material has been recovered from the possession
of the petitioners. Test Identification Parade has not been
Patna High Court CR. MISC. No.1272 of 2026(3) dt.23-02-2026
3/4
conducted. The charge-sheet has already been submitted after
completion of investigation. He also submits that similarly
situated co-accused persons, namely, Ankush Kumar and Ravi
Kumar have already been granted regular bail by a Co-ordinate
Bench of this Court vide common order dated 28.01.2026
passed in Cr. Misc. No. 3413 of 2026 and another tagged case.
Petitioner Anish Kumar @ Milki is in custody since 02.11.2025
having no criminal antecedent, petitioner Prashant Pathak is in
custody since 05.11.2025 having no criminal antecedent and
petitioner Ramanshu Kumar Singh is in custody since
02.11.2025 having two criminal antecedents in which, he is on
bail. Petitioners undertake to co-operate in the trial. There is no
chance of their absconding or tampering with the evidence.
5. Learned A.P.Ps. appearing on behalf of the State
opposed the prayer for bail.
6. Having considered the aforesaid facts and
circumstances of the case as well as the fact that charge-sheet
has been submitted and similarly situated co-accused persons
have been granted bail, let the above named petitioners be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Sasaram,
Patna High Court CR. MISC. No.1272 of 2026(3) dt.23-02-2026
4/4
Rohtas in connection with Sasaram (T) P.S. Case No. 852 of
2025 with following conditions:-
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the court concerned, if so required by the
learned trial Court.
(iii) In case of non-appearance of the petitioners on
single date or in violation of the terms of the bail, the bail bonds
of the petitioners will be liable to be cancelled by the Court
concerned.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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