Patna High Court
Ankush Kumar@TandeliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court held that anticipatory bail is appropriate, subject to strict conditions, despite the serious nature of the allegations.
Summary
Ankush Kumar sought anticipatory bail in connection with a case alleging assault, chain snatching and other offences under Sections 126(2), 115(2), 109, 352, 351(2) and 303(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner assaulted an informant, causing injuries and stealing a golden chain. The petitioner contended that he was falsely implicated, that the injury was minor and uncorroborated, and that he has a clean criminal record. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including personal surety, attendance in court, and verification of antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 109, 352, 351(2) and 303(2) of the BNSS.
- Whether the petitioner poses a risk of fleeing, tampering with evidence or influencing witnesses.
- Whether the petitioner’s claim of a clean antecedent and lack of substantial injury negates the need for denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- theft
- Bharatiya Nyaya Sanhita
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6198 of 2026
Arising Out of PS. Case No.-1165 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Ankush Kumar@Tandeli S/O Late Mukesh Kumar R/O Vill - Babhana, P.S -
Jehanabad,Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seek bail in anticipation of his arrest
in connection with Jehanabad P.S. Case No. 1165 of 2025
instituted for the offences punishable under Sections 126(2),
115(2), 109, 352, 351(2) and 303(2) of the Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, the petitioner is said to
have assaulted the informant giving multiple blows and causing
injuries. It is alleged that a golden chain was also snatched
away.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and no such occurrence,
as alleged, has taken place. It has further been submitted that the
Patna High Court CR. MISC. No.6198 of 2026(2) dt.04-02-2026
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injuries sustained is not corroborated by the allegations, as from
the perusal of the injury report only one wound, that too
lacerated wound at the back of hip was found and the same was
also stated to be simple in nature. Lastly, it has been submitted
that the petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Jehanabad
in connection with Jehanabad P.S. Case No. 1165 of 2025,
subject to the conditions as laid down under Section 482 of the
BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
Patna High Court CR. MISC. No.6198 of 2026(2) dt.04-02-2026
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(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) 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 bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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