Patna High Court
Ankit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with conditions.
Summary
Ankit Kumar Yadav was arrested on 29‑10‑2025 in connection with a murder case (PS‑Bounsi Case No.255/2025) under Sections 309(6) and 103(1) of the BNS and Section 27 of the Arms Act. The petitioner was not named in the FIR; his name emerged from a self‑confessional statement recorded in the case diary and from confessions of co‑accused. He filed a bail petition, arguing that no other material linked him to the crime and that similarly situated co‑accused had already been granted bail in separate proceedings. The State opposed bail, citing the self‑confession and three other pending cases (for which the petitioner is already on bail). The Court, noting the lack of direct evidence and the precedent of bail to co‑accused, ordered his release on bail with a Rs.10,000 bond and specific conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite a self‑confessional statement and co‑accused testimonies.
- Whether the petitioner’s involvement, not being named in the FIR, warrants continued detention.
Legislation cited
Subjects
- bail
- self‑confessional statement
- Arms Act
- criminal procedure
- pre‑trial detention
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19156 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- BAUNSI District- Banka
======================================================
Ankit Kumar Yadav S/o Ghanshyam Yadav @ Ghanshyam Prasad Yadav R/o
Village- Barmasiya, PS- Bounsi, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate
: Mr.Brij Nandan Prasad, Advocate
For the Opposite Party/s : Ms.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 03-07-2026 Heard Mr. N.K.Agrawal, learned senior counsel
appearing for the petitioner and Ms.Meena Singh, learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
29.10.2025 in connection with Bounsi P.S. Case No. 255 of
2025, F.I.R. dated 31.08.2025 registered for the offence
punishable under Sections 309(6),103(1) of BNS and Section
27 of Arms Act.
3. The FIR of the occurrence of murder is against
unknown.
4. Learned senior counsel for the petitioner submits
that the petitioner is not named in the FIR. The name of the
petitioner has been transpired during investigation on the basis
Patna High Court CR. MISC. No.19156 of 2026(4) dt.03-07-2026
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of the self-confessional statement of the petitioner which was
recorded in paragraph-205 of the case diary, apart from the
aforesaid, the co-accused persons have also confessed their guilt
in the present occurrence and they have stated that the petitioner
was also involved in the present crime in question. Learned
counsel for the petitioner submits that except the aforesaid,
nothing has come during investigation against the petitioner to
suggest the involvement of the petitioner in the present
occurrence. Further submits that similarly situated co-accused
persons, namely, Akshay Kumar Yadav, Ajit Kumar, Adarsh
Kumar and Rohit Kumar @ Rakesh Kumar and Anr. have been
granted bail by different Coordinate Benches of this Hon’ble
Court vide orders dated 15.01.2026,23.03.2026,01.04.2026 and
22.04.2026 passed in Cr. Misc. Nos.92077 of 2025, 6282 of
2026,1044 of 20265 and 24973 of 2026 respectively. The police,
after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 29.10.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
name of the petitioner has been transpired during investigation
on the basis of the self confessional statement of the petitioner,
apart from that, the petitioner carries three more cases other than
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the present one but fairly submits that the petitioner is on bail in
all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts and similarly
situated co-accused persons have been granted bail by different
Coordinate Benches of this Hon’ble Court, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Banka in connection with Bounsi P.S. Case No. 255 of 2025,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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