Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of a specific overt act and with a clean antecedent, the petitioner is entitled to pre‑arrest bail.
Summary
Ankit Kumar was implicated in an FIR alleging assault on an informant, with charges under sections 115(2), 126(2), 117(2), 109(1), 191(2) and 192 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, that the allegation was vague and no specific overt act was ascribed to him, and that he has a clean antecedent. The State opposed the grant of pre‑arrest bail. The Court observed that the FIR did not disclose any particular overt act against the petitioner and, considering his clean record, found no reason to deny bail. Accordingly, the Court ordered that bail be granted on furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated that the petitioner must surrender within eight weeks if arrested.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under the Bharatiya Nyaya Sanhita, 2023 in view of the allegations.
- Whether the FIR sufficiently discloses a specific overt act against the petitioner to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 191(2), 192
Subjects
- pre‑arrest bail
- assault
- clean antecedent
- overt act
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4010 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Ankit Kumar Son of Ravindra Narayan Singh Resident of Village-
Chandragarh, P.S.- Nabinagar, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 115(2), 126(2), 117(2),
109(1), 191(2) and 192 of the Bharatiya Nyaya Sanhita, 2023.
3. As per FIR, this petitioner and other four accused
persons assaulted the informant by means of lathi due to which
he sustained grievous injury.
4. It is submitted on behalf of the petitioner that this
petitioner is innocent and has falsely been implicated in this
case. Allegation of assault is general and omnibus and no
specific overt act has been alleged against this petitioner.
Petitioner claim clean antecedent.
5. Learned counsel for the State opposes the prayer
for pre-arrest bail.
6. Considering the fact that no overt act has been
allege against this petitioner and he has got clean antecedent,
prayer for bail of this petitioner is allowed. In the event of
arrest/surrender within eight weeks from today, let this
Patna High Court CR. MISC. No.4010 of 2026(2) dt.03-02-2026
2/2
petitioner, mentioned above, be enlarged 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 Chief Judicial
Magistrate, Aurangabad in Nabinagar Police Station Case No.
262/2025, subject to the conditions laid down under section 482
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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