Patna High Court
Ankit Kumar @ Ankit Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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