Patna High Court
Ankit Kumar @ GungunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail must be granted to the petitioner.
Summary
The petitioner, Ankit Kumar, applied for regular bail in a theft case (Azimabad PS Case No. 17 of 2025) registered under section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a motorcycle parked by the informant was stolen and that the petitioner was implicated based on a confessional statement made in another case. The petitioner contended that the FIR was lodged against unknown persons, that he was falsely implicated, and that no stolen motorcycle or incriminating article was recovered from him. He had been in custody since 29 April 2025, amounting to eleven months of detention before the chargesheet was filed. After hearing both sides, the court considered the lack of material evidence, the prolonged pre‑trial detention, and the nature of the allegation, and decided to grant bail. The bail was ordered on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑VII, Bhojpur.
Issues considered
- Whether regular bail should be granted in a case under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 given the facts and the petitioner’s prolonged pre‑trial custody
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- regular bail
- theft
- Bharatiya Nyaya Sanhita
- section 303(2)
- pre‑trial detention
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23740 of 2026
Arising Out of PS. Case No.-17 Year-2025 Thana- AZIMABAD District- Bhojpur
======================================================
Ankit Kumar @ Gungun S/o- Sri Yugeshwar Rai Village- Baruhi Ps- Sahar
Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Tiwari, Advocate
Mr. Utsav, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Azimabad P.S. Case no.
17 of 2025 registered under section 303(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the motorcycle that he had parked outside his dalan, on the
next day he found the same missing. He states that the same had
been stolen by unknown accused persons.
4. Learned counsel for the petitioner submits that the FIR
was registered against unknown. The petitioner was falsely
implicated in the case in course of investigation on the basis of his
confessional statement before the police in connection with one
Patna High Court CR. MISC. No.23740 of 2026(2) dt.08-04-2026
2/2
another case. Contrary to the allegation, no incrimination article nor
the motorcycle in question has been recovered from his possession.
The petitioner is in custody since 29.4.2025 and chargesheet has
been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as is evident from
the order of the learned trial Court together with the petitioner
having remained in custody for eleven months since 29.4.2025,
the Court directs the petitioner to be enlarged on bail in connection
with Azimabad P.S. Case no. 17 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-VII, Bhojpur at Ara.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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