Patna High Court
Ankit Singh @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ankit Singh, was charged under sections 103(1) and 3(5) of the BNS and section 27 of the Arms Act for allegedly firing at the brother of an informant, resulting in death. The prosecution alleged that eight villagers, including the petitioner, fired multiple shots, while the petitioner’s counsel argued that the FIR and the informant’s restatement were inconsistent and that the post‑mortem report showed only two antemortem injuries, not the four claimed by the prosecution. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 11‑11‑2025. The State opposed regular bail, but the court, after examining the discrepancies and the lack of conclusive forensic evidence, decided to grant regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, subject to satisfaction of the Chief Judicial Magistrate, Bhojpur.
Issues considered
- Whether regular bail should be granted to the accused in a case involving alleged murder under sections 103(1), 3(5) of the BNS and section 27 of the Arms Act.
- Whether the inconsistencies between the FIR, the informant’s restatement, and the post‑mortem report create reasonable doubt justifying bail.
Legislation cited
Subjects
- regular bail
- bail application
- criminal procedure
- Arms Act
- post‑mortem evidence
- evidentiary discrepancy
- murder charge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21370 of 2026
Arising Out of PS. Case No.-230 Year-2025 Thana- CHARPOKHARI District- Bhojpur
======================================================
Ankit Singh @ Ankit Kumar S/o Upendra Singh R/o Village- Rassi Bagan,
Karman Tola, P.S- Ara Nawada, Dist- Bhojpur at Ara.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1) and
3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that eight persons of
the same village surrounded the younger brother of the
informant. It is further alleged that Raju Singh fired with katta
on the right side of the ribs, after that Ajit Singh fired at the
chest and the brother of the informant fell down. The petitioner
and Gauri Sankar fired at him on chest and stomach after that
Amit Kumar, Sanjeev Singh and Jagdev Singh were exhorting
others of firing.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21370 of 2026(3) dt.18-05-2026
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petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that in his case as far as
the F.I.R. allegation against the petitioner is that he along with
one other has fired at the chest and stomach of the deceased
whereas in restatement the informant, he has stated that the
petitioner and one other have fired at chest and back. He has
further submitted that from the perusal of the post-mortem
report, it will transpire that the doctor conducting autopsy has
found only two antemortem injuries on the person of the
deceased whereas according to the case of the prosecution, four
gun shot were fired at the person of the deceased and the injuries
which are found are following: First is a blood stained entry wound of
size approx 0.5 inch diameter circular shape deep cavity with regular and
inverted margin on right side chest approx 1 ½” above right nipple. Second
is a blood stained entry wound of six approx 0.5 inch diameter circular in
shape deep cavity with regular and inverted margin on the abdomen approx
1” above umbilicus. Learned counsel for the petitioner has further
submitted that from perusal of the F.I.R. the allegation against
Raju is that he has fired in the right side of ribs whereas Ajit
Singh has fired on the chest and back. The informant has stated
in his restatement that the gun shot injury which was fired by the
petitioner and others hit in chest and back and the mother of the
informant has also stated like that. He has further stated that
Patna High Court CR. MISC. No.21370 of 2026(3) dt.18-05-2026
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there is only one injury on chest which is allegedly caused by
one Raju Singh and allegation against this petitioner and other is
firing on back and chest whereas the doctor has found no injury
on the back rather only one injury on the chest. A statement has
been made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 11.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Charpokhari P.S. Case No. 230 of 2025 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, Bhojpur.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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