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Patna High Court

Ankit Kumar @ Ankit Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) B.N.S.

Summary

The petitioners, Ankit Kumar and Ankur Kumar, sought anticipatory bail fearing arrest in a case (PS Case No. 271 of 2025) involving multiple offences under the Bihar Narcotic Substances Act (B.N.S.). They contended that the FIR contains only a generic allegation against all accused and that they have clean antecedents, unlike specific allegations of assault or murder. The State opposed the bail, but the Court noted that several co‑accused had already been granted anticipatory bail under similar circumstances. Considering the lack of specific charges against the petitioners and their clean record, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., including a bail bond of Rs. 10,000 with two sureties and compliance with procedural directives. The order also imposed conditions for cooperation, presence in court, and non‑tampering with evidence, with provisions for cancellation upon breach.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite only generic allegations in the FIR
  • Whether the petitioners' clean antecedents justify bail in the absence of specific charges

Legislation cited

Subjects

  • anticipatory bail
  • general allegation
  • clean antecedents
  • bail conditions
  • CrPC Section 438
  • B.N.S. Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28617 of 2026
                  Arising Out of PS. Case No.-271 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
           1.     Ankit Kumar @ Ankit Kumar Ram S/o Ashok Ram through his natural
                  guardian is Ashok Ram R/o Village- Chorauli, P.S.- Bhagwanpur Hat,
                  District- Siwan
           2.    Ankur Kumar @ Ankur Kumar Ram @ Anku Kumar Ram S/o Ashok Ram
                 R/o Village- Chorauli, P.S.- Bhagwanpur Hat, District- Siwan

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Krishna Kant Singh, Advocate
                 For the State          :        Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                      Heard Mr. Krishna Kant Singh, learned counsel for

                   the petitioners and Mr. Uday Pratap Singh, learned APP for the

                   State.

                                   2. The petitioners are apprehending their arrest in

                   connection with Bhagwanpur Hat P.S. Case No. 271 of 2025,

                   F.I.R. dated 16.06.2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2),

                   3(5) of the B.N.S. and subsequently Section 103(1) of the

                   B.N.S. was added.

                                  3. Allegation against the petitioners is that they along

                   with other co-accused persons have assaulted the husband and

                   son of the informant with lathi and danda and during course of
Patna High Court CR. MISC. No.28617 of 2026(2) dt.08-05-2026
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          treatment son of the informant died.

                       4. Learned counsel for the petitioners submits that the

          petitioners have clean antecedents and they have been falsely

          implicated in the present case. Although the petitioners are

          named in the F.I.R. but from perusal of the F.I.R. it appears that

          the F.I.R. has been instituted against 13 named accused persons

          including these petitioners and 4-5 unknown persons and as per

          allegation in the F.I.R. that all the persons as stated in the F.I.R.

          they are alleged to have assaulted the husband and son of the

          informant with lathin and danda and during course of treatment,

          son of the informant died. Learned counsel for the petitioner

          further submits that it appears from the F.I.R. itself that there is

          no specific allegation of any assault or overt act attributed

          against these petitioners rather there is general and omnibus

          allegation against all the accused persons including the

          petitioners and for the same set of allegation co-accused

          persons, namely, Rajmati Devi and others have been granted the

          privilege of anticipatory bail by a Coordinate Bench of this

          Court vide order dated 10.12.2025 passed in Cr. Misc. No.

          81117 of 2025, another co-accused persons, namely, Ashok Ram

          and Dhanesh Ram have been granted the privilege of

          anticipatory bail by a Coordinate Bench of this Court vide order
Patna High Court CR. MISC. No.28617 of 2026(2) dt.08-05-2026
                                            3/4




          dated 15.01.2026 passed in Cr. Misc. No. 88432 of 2025,

          another co-accused persons, namely, Babulal Ram and Raj

          Kumar have been granted the privilege of anticipatory bail by

          this Court vide order dated 06.02.2026.2026 passed in Cr. Misc.

          No. 4320 of 2026 respectively.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail of the petitioners.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioners having clean antecedents and

          there is no specific allegation of any assault or overt attributed

          against these petitioners rather there is general and omnibus

          allegations against the petitioners as well as similarly situated

          co-accused persons have been granted the privilege of bail by

          this Court or by a Coordinate Banch of this Court, let the

          petitioners, above named, in the event of their arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of learned Chief Judicial Magistrate, Siwan in connection with

          Bhagwanpur Hat P.S. Case No. 271 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of
               Patna High Court CR. MISC. No.28617 of 2026(2) dt.08-05-2026
                                                           4/4




                         Criminal Procedure/ Section 482(2) of BNSS, 2023 and with

                         other following conditions :-

                                      (1) Petitioners 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 their absence on two consecutive dates without

                         sufficient reason, their bail bonds shall be cancelled by the

                         Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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