Patna High Court

Ankit Kumar @ Ankit PatelversusThe State of Bihar

Decided: 8 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that anticipatory bail may be granted as the prosecution lacks substantive material against the petitioner, subject to prescribed conditions.

Summary

The petitioner, Ankit Kumar, was implicated in a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after police stopped a white Hyundai I‑10 and recovered six live cartridges. The co‑accused identified the petitioner as the person who fled the scene, but no incriminating material was found on him and he has a clean record. The petitioner applied for anticipatory bail, arguing that the only evidence against him is the co‑accused’s disclosure statement. The State opposed the bail. Considering the lack of direct evidence and the petitioner’s willingness to cooperate, the Court ordered that he may be released on bail upon surrender within six weeks, subject to a bail bond of Rs 10,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted when the only evidence against the petitioner is the co‑accused’s statement and no material has been recovered from his possession.

Legislation cited

Arms Act — s. 25(1‑b)a, 26, 35
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Arms Act
co‑accused testimony
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81558 of 2025
                    Arising Out of PS. Case No.-100 Year-2025 Thana- Raghuvanshnagar District- Purnia
                 ======================================================
                 Ankit Kumar @ Ankit Patel S/o Dilip Ray @ Dalo Patel R/o Village-
                 Koriyani Tola, Dhamdaha Madhya, Ward No.-01, P.S- Dhamdaha, Distt.-
                 Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Rashmi Sharma, Advocate.
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   08-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Raghubansh Nagar P.S. Case No.100 of 2025 instituted

                   under Sections 25(1-b)a, 26 & 35 of the Arms Act.

                                3. As per the prosecution case, on patrolling the police

                   party noticed a white Hyundai I-10 car and on seeing the police,

                   the driver rushed the car but was chased down and when the

                   vehicle was stopped, one person i.e. petitioner was fled away

                   from the spot. It is further alleged that all the four co-accused

                   persons disclosed the name of petitioner as fled away person

                   and on search of vehicle, altogether 6 live cartridges were

                   recovered from the back pocket of the front passenger’s seat of
Patna High Court CR. MISC. No.81558 of 2025(2) dt.08-01-2026
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          the vehicle.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case only on the basis of disclosure statement made by the

          apprehended co-accused. He further submits that the petitioner

          was neither present on the spot and nor any incriminating

          material has been recovered from his conscious possession.

          Learned counsel submits that petitioner has no concern either

          with the seized vehicle or with the cartridges or with the other

          co-accused persons of this case. He further submits that except

          the disclosure statement of the co-accused, there is no material

          against the petitioner. Learned counsel submits that petitioner is

          a young student of 23 years, having got clean antecedent and he

          undertakes to cooperate in the investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the parties, in the event

          of arrest or surrender before the Court below within six weeks

          from today, the petitioner be released on bail upon furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount to each to the satisfaction of the
              Patna High Court CR. MISC. No.81558 of 2025(2) dt.08-01-2026
                                                          3/3




                        learned Chief Judicial Magistrate, Purnia in connection with

                        Raghubansh Nagar P.S. Case No.100 of 2025, subject to the

                        conditions laid down in Section 482(2) of the Bharatiya Nagarik

                        Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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