Patna High Court

Ankit KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to a bond and repayment conditions.

Summary

The petitioner, Ankit Kumar, sought regular bail in a case registered under sections 303(2), 316(2), 318(4) and 3(5) of the BNS, alleging that a consignment of elephant yam vegetables he was transporting was not delivered and later found rotted. The prosecution alleged that the petitioner, as the owner of the truck, was involved in the loss of Rs. 5,29,800 paid by the informant for the goods. The petitioner contended his innocence, offered to repay the amount in six installments, and had been in judicial custody since 7 October 2025. The State opposed bail. The court, after considering the facts, granted regular bail on a bond of Rs.10,000 with two sureties, conditioning the petitioner to repay the full amount in six installments, failing which the trial court may take appropriate action.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections 303(2), 316(2), 318(4) and 3(5) of the BNS
Whether the alleged loss of the consigned goods justifies denial of bail

Legislation cited

BNS — s. 303(2), 316(2), 318(4), 3(5)

Subjects

bail
regular bail
criminal law
BNS
sections 303
sections 316
sections 318
repayment condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4865 of 2026
                      Arising Out of PS. Case No.-379 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Ankit Kumar Son of Surendra Singh R/o Village - Barunganj, P.S. - Barun,
                 District – Aurangabad.                                 ... ... Petitioner/s
                                                Versus
                 The State of Bihar Bihar                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Saket Kumar Singh
                 For the Opposite Party/s :       Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   03-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 303 (2),

                   316 (2), 318 (4) and 3 (5) of the BNS.

                                3.    The case of the prosecution is that the informant

                   purchased 12 tons and 470 K.G. elephant Yam vegetable (suran)

                   from the firm of one Gelugari Krishna Mohan Reddy for which

                   a payment of Rs. 5,29,800/- was made by him. The same was

                   consigned through the truck of this petitioner. One Subodh

                   Kumar was driver of said truck and the consignment was to be

                   delivered to the informant. However, the same was not delivered

                   to the informant. When the informant contacted the petitioner,

                   he assured        that     the consignment would be delivered very

                   shortly. Later, the truck was found near Baran police station and

                   the vegetables were found in a rotten condition.

                                4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.4865 of 2026(2) dt.03-02-2026
                                                        2/2




                      petitioner is innocent and has falsely been implicated in

                      connection with the present case. It is further submitted that

                      admittedly, the petitioner is the owner of the truck in which the

                      consignment was booked. The petitioner has very fairly

                      submitted that sum of Rs. 5,29,800/- will be returned to the

                      informant in six equal installments. Moreover, the petitioner is

                      languishing in judicial custody since 07.10.2025.

                                   5. Learned APP appearing for the State has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Barun P.S. Case No. 379 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Azurangabad, subject to the condition

                      that the petitioner shall pay an amount of Rs. 5,29,800/- in six

                      installments failing which the learned trial Court shall be at

                      liberty to pass appropriate orders in accordance with law.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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