Patna High Court
Ankur Kumar Sharma @ Ankur KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103, 3(5)
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
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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/-
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