Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail on furnishing a bond and sureties, subject to verification of his antecedents and cooperation with the trial.
Summary
Ankit Kumar was arrested in connection with a theft of Rs. 65,000 committed at pistol point, alleged under Section 310(2) of the BNS. He contended that he was falsely implicated, was not arrested at the scene, and no material was recovered from him. The co‑accused, who had been granted bail, named Ankit in a confessional statement, but no TIP was conducted. The petitioner had been in custody since 16‑04‑2025 and sought regular bail. The State opposed the bail application. The court, after considering the facts, ordered the release of the petitioner on bail upon furnishing a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedents and his cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the alleged offence under Section 310(2) of the BNS.
Legislation cited
- Bihar Negotiable Instruments Act (BNS) — s. 310(2)
Subjects
- regular bail
- theft
- pistol point
- Section 310(2)
- Bihar
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72452 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- Mathurapur District- Samastipur
======================================================
Ankit Kumar S/o Late Ganesh Kumar Singh @ Ganesh Prasas Singh Resident
of Village- Adharpur, PS- Samastipur Muffasil, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Mathurapur P.S. Case No. 02 of 2025, registered for
the offences punishable under Section 310(2) of the BNS.
3. As per FIR, five unknown miscreants entered into
shop of the informant and at the pistol point, they committed theft of
Rs. 65,000/-.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated. He
was not arrested at the spot. Nothing has been recovered from his
possession. No TIP has been conducted till date and co-accused
Rajnish Kumar @ Jyoti, in whose confessional statement the name of
this petitioner has figured, has been granted bail by a coordinate
Patna High Court CR. MISC. No.72452 of 2025(2) dt.19-01-2026
2/2
Bench of this Court vide order dated 20.08.2025 in Cr. Misc. No.
41860 of 2025. The petitioner is under custody since 16.04.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on bail on
furnishing bail bonds of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of learned Addl. Sessions Judge-VIII,
Samastipur in connection with S.T. No. 469 of 2025 arising out of
Mathurapur P.S. Case No. 02 of 2025, subject to the condition that
the petitioner shall cooperate in the disposal of trial and make himself
available as and when required by the court.
7. Before accepting the bail bond of the petitioner, the
learned court below shall verify his criminal antecedent and if it
is found that he is involved in any other case except the cases, as
mentioned in para-3 of the bail petition, his bail bond shall not be
accepted.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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