Patna High Court
Ankur Kumar Sharma @ Ankur KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
Ankur Kumar Sharma was arrested on 19‑08‑2025 in connection with PS‑941/2023 for alleged offences under several IPC sections and the Arms Act. The prosecution alleged that he, along with co‑accused, assaulted an informant using weapons, but the petitioner's counsel argued that the FIR contains no specific allegation against him. The State opposed bail, noting five other pending cases against the petitioner. The court observed the absence of a specific charge against the petitioner and that similarly situated co‑accused had already been granted bail. Consequently, the court ordered his release on bail with a Rs 10,000 bond and three conditions relating to trial cooperation, evidence tampering, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the IPC and Arms Act.
- Whether the lack of specific allegation against the petitioner in the FIR warrants bail.
- Whether the petitioner’s other pending criminal cases and alleged antecedents affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal antecedent
- co‑accused
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3072 of 2026
Arising Out of PS. Case No.-941 Year-2023 Thana- PIRBAHOR District- Patna
======================================================
Ankur Kumar Sharma @ Ankur Kumar S/O Sri Brajesh Kumar Sharma R/o
vill.- Sultanpur, Ward No.- 2, P.S.- Mokama, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Mr. Vijay Kumar Sinha, learned counsel for the
petitioner and Mr. Ram Naresh Ray, learned APP for the State.
2. The petitioner seeks bail, who is in custody since
19.08.2025 in connection with Pirbahore P.S. Case No. 941 of
2023, F.I.R. dated 26.12.2023 for the offences punishable under
Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian
Penal Code and section 27 of the Arms Act.
3. According to prosecution case, the petitioner along
with other co-accused persons have assaulted the informant by
various weapons.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel for the petitioner further submits
that although the petitioner is named in the FIR but from a bare
perusal of the FIR, it appears that there is no specific allegation
of any assault, overt act or firing attributed against the petitioner
rather there is general and omnibus allegation against the
Patna High Court CR. MISC. No.3072 of 2026(2) dt.30-01-2026
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petitioner. The specific allegation of firing is attributed against
co-accused persons, namely, Harsh Raj Kumar @ Chotu,
Keshav Kumar Thakur, Mukund and Anant Kumar and similarly
situated co-accused persons, namely, Ravi Ranjan @ Ravi
Ranjan Kumar against whom the similar allegation has been
granted bail by this Court vide order dated 21.04.2025 passed in
Cr. Misc. No. 17416 of 2025 and another co-accused person,
namely, Mukund Kashyap @ Karu Singh @ Mukund Murari
Kumar has been granted bail by this Court vide order dated
04.07.2025 passed in Cr. Misc. No. 40072 of 2025 and the
police after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 19.08.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner carries five more cases other than the present one.
6. Considering the aforesaid facts and circumstances
of the case and also the fact that there is no specific allegation of
any assault or overt act attributed against the petitioner and
similarly situated co-accused persons have been granted bail by
this 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 the
Patna High Court CR. MISC. No.3072 of 2026(2) dt.30-01-2026
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learned Chief Judicial Magistrate, Patna in connection with
Pirbahore P.S. Case No. 941 of 2023, 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 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
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)
Ranjeet/-
U T
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