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Patna High Court

Ankur Kumar Sharma @ Ankur KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused bail to the petitioner, holding that the seriousness of the allegations warranted continued custody.

Summary

Ankur Kumar Sharma was arrested on 2 July 2025 in connection with a case registered under Sections 103, 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The prosecution alleges that on 9 May 2025, after an altercation at Shaidpur Hostel, Sharma fired an air‑gun at his brother, causing fatal injuries. Sharma's counsel contended that the FIR was forged and that the charges were based merely on suspicion. The State opposed bail, emphasizing the seriousness of the alleged offence and the death of the victim. The High Court, after considering the material on record, declined to grant bail, refusing the petitioner's prayer.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged firing resulting in death under the Arms Act and related provisions.
  • Whether the allegations in the FIR are fabricated and the accused can be discharged on that basis.

Legislation cited

Subjects

  • bail
  • Arms Act
  • murder
  • fabricated FIR
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6620 of 2026
                     Arising Out of PS. Case No.-161 Year-2025 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Ankur Kumar Sharma @ Ankur Kumar S/O Sri Brajesh Kumar Sharma R/v-
                 Sultanpur, Ward No.- 2, P.S.- Mokama, Distt.- Patna

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Ram Naresh Ray, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                         Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.07.2025 in connection with Bahadurpur P.S. Case No. 161 of

                   2025 for the offences punishable under Sections 103, 3(5) of the

                   BNS and Section 27 of the Arms Act.

                               3. That the prosecution case, in brief, is that on

                   09.05.2025 he was returning from Anishabad after attending a

                   marriage ceremony with his brother Chandan and Ravi Shankar

                   Kumar and when he reached near Shaidpur Hostel then Chandan

                   took permission to meet his friends at Shaidpur Hostel and

                   thereafter he stayed there till 2.30 a.m and when he was going

                   away from five number hostel then they reached in the campus
Patna High Court CR. MISC. No.6620 of 2026(3) dt.23-03-2026
                                            2/3




          of the hostel when (i) Ankur Ankur Kumar Sharma @ Ankur

          Kumar, (ii)Keshav Kumar @ Keshav Thakur, (iii)Harsh Raj

          @Chotu came and started assaulting Chandan after calling him

          bad names on which he shouted but none of the person came

          and thereafter all the three persons carried away his brother at

          the main gate of the hostel and one Ankur made air firing

          thereafter the informant and Ravi Shankar flew away and one

          Keshav ordered to kill him then Ankur fired on his brother due

          to which his brother sustained injury and he fainted there

          thereafter all three persons flew away after that he carried his

          brother to PMCH but the doctor declared him dead on

          09.05.2025.

                      4. Learned counsel for the petitioner submits that the

          allegation as alleged in the FIR is forged and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          Learned counsel for the petitioner further submits that the

          petitioner has been made an accused in the present case based

          on suspicion.

                      5. The learned Additional Public Prosecutor for the

          State on the basis of materials available on record and the case

          diary has vehemently opposed the prayer for bail of the

          petitioner and submits that it has come during the course of
           Patna High Court CR. MISC. No.6620 of 2026(3) dt.23-03-2026
                                                       3/3




                     investigation that the petitioner has fired upon the victim and he

                     has died during the course of statement.

                                  6. Considering the facts and circumstances of the

                     present case, I am not inclined to enlarge the petitioner on bail

                     arising out of Bahadurpur P.S. Case No. 161 of 2025 pending in

                     the court of learned A.C.J.M.-II, Patna City, Patna.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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