Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, holding that the allegations against him were insufficient to deny bail.
Summary
Ankit Kumar was arrested in connection with a firearm‑injury case (PS Case No. 550 of 2025) where the FIR alleged that six accused, including him, surrounded the informant and that firing was carried out by co‑accused Prahlad Kumar. The petitioner contended that he was falsely implicated, had no prior criminal record, and that the charge of firing was solely against Prahlad Kumar. The charge‑sheet had already been filed. The State opposed his bail application. Considering the lack of direct allegation against the petitioner, the submission of the charge‑sheet, and his clean antecedents, the court ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act despite the FIR allegations.
- Whether the charge‑sheet and the absence of a direct firing allegation against the petitioner justify bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118, 122, 126(2), 3(5), 351(3), 352
Subjects
- bail
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- charge-sheet
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6088 of 2026
Arising Out of PS. Case No.-550 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Ankit Kumar, S/o Vijay Sharma @ Vijay Vishwakarma, Resident of
Nawabganj, P.S.- Malsalami, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shovendra Kumar, Advocate
Mr. Vijay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Malsalami P.S. Case no.
550 of 2025 registered under section 109(1), 126(2), 115(2),
118, 122, 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.
3. As per the prosecution case, over a dispute between
the parties, the informant states that six named accused persons
including the petitioner herein came variously armed and
surrounded him. As a result of firing resorted to by Prahlad
Kumar, the informant sustained firearm injury in his chest.
Thereafter, all the accused persons ran away.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Accepting the
Patna High Court CR. MISC. No.6088 of 2026(2) dt.04-02-2026
2/2
allegations levelled in the F.I.R., the allegation of firing is solely
against co-accused Prahlad Kumar and not the petitioner herein.
The petitioner is in custody since 26.10.2025 and charge-sheet
has been submitted in the case. He has no criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the allegation of firing being solely against
co-accused Prahlad Kumar and not the petitioner herein,
charge-sheet having been submitted in the case and the
petitioner not having any criminal antecedent, the petitioner is
directed to be enlarged on bail in connection with Malsalami
P.S. Case no.550 of 2025, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate-IV, Patna City, Patna.
(Partha Sarthy, J)
avinash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.