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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail in the present case.

Summary

Ankit Kumar was arrested in connection with Lohiyanagar Police Station Case No.93 of 2025 for offences under Sections 140(2), 61(2), 103(3), 238 and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case is based on a narrative involving Bhola Mahto, Guddu Paswan and a demand for Rs 5 lakh, with the petitioner’s name appearing only through the confessional statement of co‑accused Saurav Kumar. The petitioner contended that he is innocent, not named in the FIR, no material was recovered from him, and a similarly situated co‑accused had already been granted bail. The State opposed bail, citing eight prior criminal cases against the petitioner. After hearing both sides, the Court noted the lack of direct evidence, the reliance on a co‑accused’s confession, and the precedent of bail to the co‑accused, and therefore ordered bail. The bail was conditioned on a bond of Rs 10,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the prosecution’s reliance on a co‑accused’s confessional statement and the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • narcotic offences
  • pre‑trial detention
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15385 of 2026
                  Arising Out of PS. Case No.-93 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
                 ======================================================
                 Ankit Kumar S/o Punku Singh @ Pinku Singh R/o Village - Maheshwara, P.S
                 - Nowkothi, District - Begusarai

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Mohan Singh, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Lohiyanagar P.S. Case No. 93 of 2025 registered for the

                   offence punishable under Sections 140(2), 61(2), 103(3), 238,

                   3(5) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the

                   brother of the informant namely, Bhola Mahto has gone to fetch

                   vegetables with one Guddu Paswan. When Bhola Mahto did not

                   return for considerable time, then the informant called Guddu,

                   then Bhola said that send Rupees Five lakh. After this, the

                   phone was disconnected. The informant asked Guddu Paswan

                   and he disclosed that Bhola Mahto boarded in a vehicle at Somt

                   Point. When the informant called Bhola, he replied that he was
Patna High Court CR. MISC. No.15385 of 2026(2) dt.26-02-2026
                                            2/3




          being assaulted. After this the case was filed.

                       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 is not named in the FIR.

          The name of this petitioner has surfaced on the basis of

          confessional statement of the co-accused, namely, Saurav

          Kumar. Nothing has been recovered from the conscious

          possession of the petitioner. He further submits that similarly

          situated other co-accused person namely, Saurav Kumar has

          already been granted bail by this court vide Cr. Misc. No. 8212

          of 2026. Moreover, the petitioner is languishing in judicial

          custody since 25.11.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of eight cases.

                       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 Chief
           Patna High Court CR. MISC. No.15385 of 2026(2) dt.26-02-2026
                                                       3/3




                     Judicial Magistrate, Begusarai in connection with Lohiyanagar

                     P.S. Case No. 93 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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