Patna High Court

Ankit Kumar @ Bittu KumarversusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted regular bail to the petitioner with a bond and conditions.

Summary

Ankit Kumar was arrested in connection with offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. He had been in custody since 7 February 2025 and earlier sought bail, which was denied on 3 September 2025. The petitioner argued that no incriminating material was recovered from his possession, the trial was only at the appearance stage, and there was no risk of tampering or absconding. The State opposed bail. Considering the lack of seized material, the prolonged custody, and the petitioner’s undertaking to cooperate, the Court granted regular bail on a bond of Rs. 30,000 with two sureties and imposed conditions for cooperation and non‑tampering.

Issues considered

Whether regular bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Prohibition and Excise Act and the Arms Act
Whether the absence of incriminating material in the petitioner’s possession and the stage of trial justify bail

Legislation cited

Arms Act — s. 25(1-B)a, 26, 35

Subjects

bail
regular bail
criminal procedure
Bihar Prohibition and Excise Act
Arms Act
trial pending
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87859 of 2025
                 Arising Out of PS. Case No.-11 Year-2025 Thana- NIMACHANDPURA District- Begusarai
                 ======================================================
                 Ankit Kumar @ Bittu Kumar S/o Munna Singh @ Rajeev Kumar Chaudhary
                 @ Rajeev Kumar R/o Village- Harrakh, Kapasia, Ward No.13, P.S- Town,
                 Dist- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   18-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offences punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act and Sections 25(1-B)a, 26 and 35 of

                   the Arms Act.

                                3. From perusal of the report of the Trial Court, it

                   appears that the case is running at the stage of appearance.

                                4. Learned counsel for the petitioner submits that

                   earlier the prayer for bail of the petitioner was rejected by this

                   Court vide order dated 03.09.2025 in Cr. Misc. No. 34083 of

                   2025. He further submits that there is no likelihood of the

                   completion of the trial in near future. Nothing incriminating
Patna High Court CR. MISC. No.87859 of 2025(3) dt.18-03-2026
                                            2/3




          material has been recovered from the conscious possession of

          the petitioner. Petitioner has no concern with the seized liquor or

          the country made pistol recovered from the place of occurrence.

          Petitioner is in custody since 07.02.2025 and he undertakes to

          co-operate in the trial. There is no chance of tampering with the

          evidence or absconding of the petitioner.

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

          application of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, report of the Trial Court that case is running for

          appearance, no incriminating material has been recovered from

          the conscious possession of the petitioner and period of custody

          undergone, let the above named petitioner be released on bail on

          furnishing bail bond of Rs. 30,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Excise Judge-II, Begusarai/concerned Court

          in connection with Neemachandpura P.S. Case No. 11 of 2025

          with further conditions:-

                       (i) Petitioner shall co-operate in the trial and shall

          remain present on each and every date during trial and in his

          absence on two consecutive dates, the trial court is at liberty to

          cancel his bail bond.
            Patna High Court CR. MISC. No.87859 of 2025(3) dt.18-03-2026
                                                        3/3




                                   (ii) If the petitioner tampers with the evidence or the

                      witnesses of the case, in that case, prosecution will be at liberty

                      to move for cancellation of bail of the petitioner.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

Continue reading with your account

Checking your session…