Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act, 2023 — s. 103(3), 140(2), 238, 3(5), 61(2)
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
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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
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Judicial Magistrate, Begusarai in connection with Lohiyanagar
P.S. Case No. 93 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
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