Patna High Court

Ankit Kumar @ Ankit SahniversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner.

Summary

Ankit Kumar sought anticipatory bail after the police registered a case (PS‑Kursela, Case No. 211 of 2024) alleging his involvement in the kidnapping and murder of a child, invoking Sections 140(1) and 3(5) of the Bharatiya Nyaya Sanhita. The petitioner argued that the informant was not an eye‑witness, the FIR was lodged after an unreasonable 25‑day delay, and he had a clean antecedent, noting that a co‑accused, Sudhir Kumar, had already been granted anticipatory bail. The State opposed the bail application. The Court considered the nature of the accusation, the delay, and the petitioner’s clean record, and consequently allowed anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the allegations under Sections 140(1) and 3(5) of the Bharatiya Nyaya Sanhita
Whether the 25‑day delay in lodging the FIR and the lack of an eye‑witness justify granting bail
Whether the petitioner’s clean antecedent and the precedent of bail granted to a co‑accused affect the decision

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 140(1), 3(5)

Subjects

anticipatory bail
delay in FIR
kidnapping
murder
clean antecedent
Section 140
Section 3
Section 482
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76798 of 2025
                      Arising Out of PS. Case No.-211 Year-2024 Thana- KURSAILA District- Katihar
                 ======================================================
                 Ankit Kumar @ Ankit Sahni S/o Lukho Sahani R/o village - Kheria Sahni
                 Tola, P.S - Kursela, District - Katihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 140(1) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, informant suspects that all

                   the F.I.R. named accused persons, including this petitioner,

                   kidnapped her son and killed him.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Informant is not an eye witness of the

                   alleged occurrence and only suspicion has been raised against

                   this petitioner. Moreover, the present F.I.R. has been lodged

                   after inordinate delay of 25 days and there is no plausible

                   explanation for the same. It is further submitted that similarly
              Patna High Court CR. MISC. No.76798 of 2025(2) dt.16-01-2026
                                                          2/2




                        situated co-accused, namely, Sudhir Kumar has already been

                        granted anticipatory bail by this Hon’ble Court vide order dated

                        11.08.2025 passed in Cr. Misc. No. 29663 of 2025. Petitioner

                        claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the aforesaid facts and circumstances

                        of the case, nature of accusation, delay in lodging of the F.I.R.

                        and clean antecedent, this anticipatory bail is allowed and it is

                        ordered that let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Chief Judicial

                        Magistrate, Katihar in connection with Kursela P. S. Case No.

                        211 of 2024, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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