Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner.
Summary
Ankit Kumar was arrested in connection with a kidnapping and alleged murder under Sections 364 and 120B of the IPC. He sought bail, contending that his name appeared only through a co‑accused's confessional statement and that the victim did not identify him, with no other incriminating material. The prosecution argued his involvement and highlighted his antecedent criminal cases. The court noted that the investigation was complete, a charge‑sheet had been filed, and there was no risk of evidence tampering, finding the suspicion insufficient to deny bail. Accordingly, the court ordered his release on bail with a Rs.10,000 bond and two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) BNSS.
Issues considered
- Whether bail should be granted in offences punishable under Sections 364 and 120B of the IPC when the only link is a co‑accused's confessional statement.
- Whether the completion of investigation and filing of charge‑sheet preclude the risk of evidence tampering, justifying bail.
- Whether the petitioner’s prior criminal antecedents warrant denial of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 164, 437(3)
- Indian Penal Code — s. 120B, 364
Subjects
- bail
- kidnapping
- criminal conspiracy
- IPC
- CrPC
- confessional statement
- antecedent cases
- charge sheet
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71681 of 2025
Arising Out of PS. Case No.-337 Year-2021 Thana- BARH District- Patna
======================================================
Ankit Kumar, S/o Anil Yadav, R/o Village-Railly, P.S.- NTPC, Dist.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, APP
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
2. The accused/petitioner seeks bail in
connection with Barh P.S. Case No.337 of 2021
registered for the offences punishable under
Sections 364 and 120-B of the Indian Penal Code.
3. The accused/petitioner is named in the
FIR and is in custody since 03.06.2025.
4. As per FIR, the petitioner along with
other co-accused persons kidnapped the husband
of informant in order to committing his murder.
5. It is submitted by learned counsel
appearing for petitioner that the name of this
petitioner transpired during course of investigation
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on the basis of confessional statement of co-
accused Suraj Kumar @ Suraj Yadav, in furtherance
of which, no incriminating material
recovered/surfaced as to connect the petitioner
with present crime in question. It is submitted that
said co-accused Suraj Kumar @ Suraj Yadav has
been granted bail by one of the learned co-
ordinate Bench of this Court through Cr. Misc.
No.68819 of 2022 dated 15.03.2023. It is further
pointed out that the petitioner was not put on T.I.P.
as yet and the victim, who is husband of informant,
after recovery, failed to name this petitioner, which
prima facie creates a doubt qua implication of this
petitioner with present case. While concluding
argument, it is submitted that investigation of this
case is already completed, for which, charge-sheet
has been submitted and, as such, there is no
chance of tampering with the evidence.
6. While explaining criminal antecedent, it
is submitted that petitioner found involved in four
more criminal cases, where he is on bail.
7. Learned APP opposed the prayer for
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grant of bail to the petitioner.
8. In view of aforesaid factual submissions
and by taking note of fact as save and except
suspicion arising out of confessional statement,
nothing incriminating appears against petitioner
even out of statement of victim recorded under
Section 164 of CrPC, coupled with the fact that
investigation of this case is already completed,
where petitioner remains in custody since
03.06.2025, accordingly, the petitioner, above-
named, is directed to be released on bail furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the
satisfaction of the learned District and Additional
Sessions Judge-I, Barh, Patna in connection with
Barh P.S. Case No.337 of 2021, subject to the
conditions as laid down under Section 437(3) of the
Code of Criminal Procedure (for short ‘CrPC’)/under
Section 480(3) of the Bhartiya Nagrik Suraksha
Sanhita (for short ‘BNSS’)
(Chandra Shekhar Jha, J.)
Sanjeet/-
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