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Patna High Court

Ankit Kumar @ Ankit SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                            2/3




                          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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