Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Ankit Kumar was arrested for alleged murder, criminal conspiracy and offences under the Arms Act after the son of an informant died in a road accident and the accused were found with a pistol and cartridges. The petitioner sought regular bail, arguing that the death was due to a road traffic accident, no firearm injury was inflicted, only one of twelve prosecution witnesses had been examined, and co‑accused had already been bailed. The State opposed bail, citing the seriousness of the charges and the petitioner’s two prior criminal cases. The court noted the lack of substantive evidence linking the accused to the death and the minimal progress of the trial, and therefore granted bail on a bond of Rs 10,000 with two sureties. The order directs the petitioner to appear before the Additional District and Sessions Judge with the bail bond.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder, criminal conspiracy and arms offences.
- Whether the circumstances of the victim's death (road traffic accident) and lack of firearm injury justify granting bail.
- Whether the petitioner’s prior criminal antecedents and earlier bail rejections preclude bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- regular bail
- criminal antecedent
- road traffic accident
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15989 of 2026
Arising Out of PS. Case No.-830 Year-2023 Thana- DEHRI TOWN District- Rohtas
======================================================
Ankit Kumar, S/o- Sri Permanand Singh @ Parmanand Singh @ Premanand
Singh, R/v- Dighi @ Digdhi @ Inglish, PS- Barun, Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik Mishra, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 302, 120B
and 34 of the I.P.C. and Section 25(1-b)a, 26 and 35 of the Arms
Act.
3. The case of the prosecution, in short, is that on
14.10.2023, when the informant’s son was going to Dehri by his
own vehicle to meet his sister then the informant’s friend called
on the informant’s another son’s mobile and told him that his
brother met with an accident near Sone River Bridge. When the
informant reached there and saw that his son was lying there in
a very strange condition and some persons were chasing the
Bolero vehicle which was ultimately got caught and two persons
Patna High Court CR. MISC. No.15989 of 2026(3) dt.20-04-2026
2/3
were apprehended. First is the petitioner and second one is
Sonal Kumar. Thereafter, the son of the informant was taken to
the hospital, where the doctor declared him dead.
4. At the outset, learned counsel appearing on behalf
of the petitioner has submitted that earlier the bail petition of
this petitioner was twice rejected by learned Co-ordinate Bench
of this Court vide order dated 29.08.2024 passed in Cr. Misc.
No. 40858 of 2024 and order dated 22.07.2025 passed in Cr.
Misc. No. 30726 of 2025. Petitioner is languishing in judicial
custody since 15.10.2023.
5. Further, a report regarding present stage of trial has
been called for from the learned trial Court and from the report
of learned trial Court, it is clear that out of 12 prosecution
witnesses, only one witness has been examined till today.
6. Learned counsel for the petitioner has further
submitted that from perusal of the F.I.R. itself it is clear that the
informant has received information that his son has met an
accident. It has further been submitted that from perusal of the
postmortem report it will transpire that the cause of death is
R.T.A. (Road Traffic Accident). Learned counsel for the
petitioner has submitted that though one country made pistol
and two live cartridges were recovered from the Bolero but the
Patna High Court CR. MISC. No.15989 of 2026(3) dt.20-04-2026
3/3
deceased has not received any firearm injury. It has further been
submitted that other co-accused person have been granted bail
by learned Co-ordinate Benches of this Court vide Cr. Misc.
Nos. 31970 of 2024, 33810 of 2024 and 33293 of 2024.
7. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of two cases.
8. 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
Additional District and Sessions Judge-X, Rohtas at Sasaram in
connection with Dehri Nagar P.S. Case No. 830 of 2023.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…