Patna High Court
Ankit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court grants anticipatory bail to both petitioners subject to the conditions prescribed under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Ankit Kumar Singh and Chandan Kumar Singh, sought anticipatory bail in connection with a case (PS Maharajganj Case No.495 of 2025) alleging multiple offences including assault, robbery and causing injury under the Bhartiya Nagarik Suraksha Sanhita. The prosecution alleged that the accused attacked an informant with a knife, stole money and a gold chain, and the FIR was lodged five days after the incident. The petitioners argued that the first accused faced only a vague, omnibus allegation and had no prior criminal record, while the second had a prior conviction but the assault did not cause grievous injury and the FIR delay raised doubts about its genuineness. The State opposed the anticipatory bail. The court, noting the lack of specific allegations against the first petitioner and the questionable credibility of the FIR against the second, granted anticipatory bail to both, subject to conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 despite only a general omnibus allegation and no criminal antecedent.
- Whether anticipatory bail should be granted to petitioner No.2 despite a prior criminal antecedent and alleged assault that did not cause grievous injury, considering the delay in filing the FIR.
- Whether the FIR’s delay and content affect the genuineness of the prosecution’s case.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- general omnibus allegation
- criminal antecedent
- FIR delay
- assault
- robbery
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16952 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
1. Ankit Kumar Singh S/o- Vinay Singh
2. Chandan Kumar Singh S/o- Late Satyendra Singh
Both are R/village- Maghi PS-Maharajganj District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh, Adv.
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Maharajganj P.S. Case No.495 of 2025, registered for the
offence under Sections 126(2) /115(2)/ 118(1)/ 109/ 303(2)/ 352/
351(2)/ 3(5) of BNS.
3. As per prosecution case, the informant Munna
Kumar Singh, on 01-10-2025, at about 11.33 PM, after closing
his shop returning to his house on bike, when he reached near
Guddu Chaat Corner, Afraad Chowk, on the main highway,
suddenly Ankit Kumar Singh and Chandan Kumar Singh along
with two unknown persons surrounded the informant and started
checking his pocket. When informant resisted, accused,
Chandan Kumar Singh and the two unknown persons caught
Patna High Court CR. MISC. No.16952 of 2026(2) dt.25-03-2026
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hold of him, and on the order of accused Chandan Kumar
Singh's, with the intention to kill, accused Ankit Kumar Singh
assaulted the informant with a knife, which struck him on lower
part of the left side of his chest near the stomach, due to which
he sustained injury. Ankit Kumar Singh repeatedly and
continuously stabbed the informant twice more, as a result of
which he sustained injuries on his right hip behind the waist and
one knife blow also hit the informant's hand. After stabbing the
informant, accused Chandan Kumar Singh took out thirty
thousand rupees from the informant's pocket and a gold chain
from his neck. Thereafter, all the accused persons fled away.
Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence and they
have falsely been implicated in this case. Learned counsel for
the petitioners further submits that there is general omnibus
allegation against the petitioner no.1 and there is nothing
specific against him and also the petitioner no.1 has no criminal
antecedent.
Learned counsel for the petitioners next submits that
so far as the petitioner no.2 is concerned, he has one criminal
antecedent, which has been disclosed in paragraph-3 of the
Patna High Court CR. MISC. No.16952 of 2026(2) dt.25-03-2026
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application and it appears from the record that the assault made
by him has not resulted in any grievous injury to the informant
and the date of occurrence is 01.10.2025, but the FIR has been
instituted on 06.10.2025, after lapse of five days and the FIR has
been sent to the Court on 09.10.2025.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that there is general omnibus
allegation against the petitioner no.1 and there is nothing
specific against him and also given the fact that the petitioner
no.1 has no criminal antecedent, this court is inclined to grant
privilege of anticipatory bail to the petitioner no.1.
So far as the petitioner no.2 is concerned, he has one
criminal antecedent, which has been disclosed in paragraph-3 of
the application. However, it appears from the record that the
assault made by him has not resulted in any grievous injury to
the informant and also taking note of the fact that the date of
occurrence is 01.10.2025, but the FIR has been instituted on
06.10.2025 after lapse of five days and also that the FIR has
been sent to the Court on 09.10.2025, it raises a doubt about the
genuineness of the case, under these circumstance this Court is
inclined to grant anticipatory bail to petitioner no.2.
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7. Accordingly, the petitioners above named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.,
IInd, Siwan in connection with Maharajganj P.S. Case No.495
of 2025, subject to the conditions laid down under Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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