Patna High Court
Ankit Kumar @ Dipu Kumar @ AnkitversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the confessional statement of the co-accused indicated the petitioner’s involvement in the murder.
Summary
The petitioner, Ankit Kumar, sought anticipatory bail after learning that he might be arrested in a murder case (PS Digha Case No. 866 of 2024) involving the killing of a young man. The FIR alleged that the victim was shot during a robbery, and during investigation a co-accused, Sanjeev Kumar, gave a confessional statement implicating the petitioner and another accused, Nitish Kumar, in the murder. The petitioner argued that he was not named in the FIR, has a clean antecedent, and is innocent of the offences listed under Sections 309(6), 103(1), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The State opposed the bail, emphasizing the seriousness of the charges and the confessional statement. The Court, after considering the nature of the accusation and the co-accused’s statement, refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the confessional statement of a co-accused
- Whether the petitioner’s non-mention in the FIR and clean antecedent are sufficient grounds for bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 309(6), 3(5)
Subjects
- anticipatory bail
- murder
- confessional statement
- criminal procedure
- arms act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74490 of 2025
Arising Out of PS. Case No.-866 Year-2024 Thana- DIGHA District- Patna
======================================================
Ankit Kumar @ Dipu Kumar @ Ankit Son of Shankar Ray Viilage - Daudpur,
P.S. - Shahpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 18-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Digha P. S. Case No.
866 of 2024 registered for the offences punishable under
Sections 309(6), 103(1), 3(5) of the Bharatiya Nyaya Sanhita
and Section 27 of the Arms Act.
3. As per F.I.R., on 18.11.2024, informant received
information that his son was shot and killed at Nakta Diyar
under Digha PS area. Upon reaching the spot, informant found
dead body of his son lying there. Informant alleges that some
unknown miscreants killed his son in course of snatching his
money and other valuables.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
Patna High Court CR. MISC. No.74490 of 2025(5) dt.18-03-2026
2/2
is not named in the F.I.R. and his name transpired during course
of investigation in confessional statement of co-accused Sanjeev
Kumar who stated that this petitioner along with co-accused
Nitish Kumar committed murder of the deceased. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and the
confessional statement of co-accused, prayer for anticipatory
bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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