Patna High Court
Ankit Kumar @ Ankit SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed as no fresh ground was shown and the trial was already underway.
Summary
Ankit Kumar was charged under sections 126(2), 115, 303(2), 308(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged extortion and assault on vehicle owners. He has been in custody since 23‑12‑2024 and has six prior criminal convictions. The petitioner sought regular bail for the second time after an earlier bail denial on 23‑04‑2025. The court noted that charges have been framed and the trial has commenced, and the petitioner failed to demonstrate any fresh ground for bail. Consequently, the court dismissed the bail application, directing the police to ensure witness attendance.
Issues considered
- Whether regular bail can be granted when charges are framed and the trial has begun, given the seriousness of the offences and the petitioner’s criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115, 126(2), 303(2), 308(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- extortion
- assault
- charges framed
- trial commencement
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63498 of 2025
Arising Out of PS. Case No.-211 Year-2024 Thana- SARAI District- Vaishali
======================================================
Ankit Kumar @ Ankit Singh S/o Jaimangal Singh R/o village - Bhagwatpur, P
S - Sarai, District - Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Hemant Kumar, Advocate
For the State : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Sarai P.S.
Case No.211 of 2024 registered for the offence under sections
126(2), 115, 303(2), 308(2), 352, 351(2) and 3(5) of the B.N.S.,
2023.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 23.04.2025 passed in Criminal
Miscellaneous No.21439 of 2025. The aforesaid order dated
23.04.2025 reads as under:-
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail
in connection with Sarai P.S. Case No. 211
of 2024 registered for the offence under
Patna High Court CR. MISC. No.63498 of 2025(3) dt.10-02-2026
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Sections 126(2), 115, 303(2), 308(2), 352,
351(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the
petitioner along with others is accused of
demanding extortion from vehicles passing
through rural roads by threatening them
and by assaulting them on not paying the
extortion.
4. The petitioner is in custody since
23.12.2024 and he has six criminal
antecedents.
5. Considering the aforesaid facts
and circumstances, I am not inclined to
grant bail to the petitioner.
6. Accordingly, this application for
regular bail is hereby rejected with liberty
to the petitioner to renew his prayer for
bail if the trial is delayed by the
prosecution.”
4. From the report of the trial Judge, it appears
that the charges have been framed in the case.
5. Considering the fact that the charges have
been framed in the case and the trial has started, I am not
inclined to review my earlier order dated 23.04.2025. Further,
the learned counsel for the petitioner is not able to show any
fresh ground for grant of bail to the petitioner. Accordingly, this
bail application is dismissed.
Patna High Court CR. MISC. No.63498 of 2025(3) dt.10-02-2026
3/3
6. The Superintendent of Police, Vaishali is
directed to ensure the presence of witnesses in the trial.
7. Let a copy of this order be communicated to
the Superintendent of Police, Vaishali forthwith through FAX or
e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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