Patna High Court
Ankit Rai @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to stipulated conditions.
Summary
The petitioner, Ankit Rai, applied for bail in a case registered under Section 309(4) of the B.N.S. concerning a robbery of a jeweller. The prosecution alleged that four unknown assailants, armed with a pistol, looted jewellery and a mobile phone, and the petitioner was implicated through a co-accused's confessional statement, though his name does not appear in the FIR and no incriminating material was found on him. The petitioner’s counsel argued his innocence, clean antecedents, lack of direct evidence, and that a co‑accused had already been granted bail. The State opposed the bail, but the court, considering the circumstances, ordered the petitioner’s release on bail of Rs. 10,000 with two sureties and specific conditions. The order also stipulated verification of criminal antecedents and cancellation provisions, and clarified that any observations would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the B.N.S. given the nature of the alleged offence and the evidence presented
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- Section 309(4)
- false implication
- theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85891 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Ankit Rai @ Ankit Kumar S/O Krishna Rai R/O Village- Sakaddi, P.S.-
Koilwar, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhawana Jha, Adv.
For the Opposite Party/s : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Koilwar P.S. Case No. 204 of 2025 dated 01.09.2025 registered
for the offence punishable under Section 309(4) of the B.N.S.
3. As per the prosecution case, while the informant
was returning from his jewellery shop, four unknown miscreants
on a two motorcycles intercepted him and on the point of pistol,
they looted jewellery and the mobile phone from him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. The petitioner is not named in the FIR and during the
course of investigation, the name of the petitioner was
transpired in the confessional statement of the co-accused,
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Aniket Pandey and Sanjeet Kumar. It has next been submitted
that no incriminating article has been recovered from the
conscious possession of the petitioner and there is no
independent witness to support the factum of theft being
committed by the petitioner. Learned counsel has further been
submitted that the co-accused namely, Sanjeet Kumar has
already been enlarged on bail by the Coordinate Bench of this
Court vide order dated 16.12.2025 passed in Cr. Misc. No.
81562/2025. It has lastly been submitted that the petitioner has
clean antecedent and he is in custody since 06.09.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Bhojpur at Ara in connection with
Koilwar P.S. Case No. 204 of 2025, subject to the following
terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
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before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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