Patna High Court

Ankit Sharma @ Ankit KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Ankit Sharma, sought anticipatory bail fearing arrest in a case (PS Amarpur Case No. 330 of 2025) involving alleged offences under Sections 310(4), 310(5) and 111 of the Bharatiya Nyaya Sanhita, 2023 and several provisions of the Arms Act. The prosecution alleged that a country‑made pistol and two cartridges were recovered from a co‑accused, but nothing incriminating was found on the petitioner. The petitioner argued he had no connection with the recovered arms, that Section 103 of the BNSS had not been complied with, and that he had a clean antecedent. The State opposed the bail, contending the seriousness of the offences. The Court, after weighing the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS, 2023
Whether the requirements of Section 103 of the BNSS, 2023 have been satisfied in the present case
Whether the petitioner poses a risk of fleeing, tampering with evidence or influencing witnesses

Legislation cited

Arms Act — s. 25(1-b)a, 26, 27, 35
Bharatiya Nyaya Sanhita, 2023 — s. 103, 111, 310(4), 310(5), 482(2)

Subjects

anticipatory bail
Bharatiya Nyaya Sanhita
Arms Act
Section 310
Section 111
Section 482(2)
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88978 of 2025
                      Arising Out of PS. Case No.-330 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Ankit Sharma @ Ankit Kumar S/o- Ghuto Sharma @ Nishikant Sharma
                 Village- Mahouta PS-Amarpur District- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026             Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Amarpur P.S. Case No. 330 of 2025 instituted for the

                   offence under Sections 310(4), 310(5) & 111 of the Bharatiya

                   Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 27 & 35 of the

                   Arms Act.

                           3.      As per accusation against the petitioner, there is

                   recovery of one country made pistol along with two cartridges

                   from the possession of the co-accused person.

                           4.      Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   against him and has falsely been implicated in the present case.
           Patna High Court CR. MISC. No.88978 of 2025(2) dt.15-01-2026
                                                       2/2




                     Learned counsel for the petitioner submits that petitioner has no

                     concern with the recovered arms. Nothing incriminating has

                     been recovered from the possession of the petitioner. There is no

                     compliance of Section 103 of the BNSS, 2023. Petitioner is a

                     man of clean antecedent. Other co-accused has been granted bail

                     by this Court vide order dated 16.09.2025, passed in Cr. Misc.

                     no. 65693 of 2025.

                             5.      On the other hand, learned A.P.P. for the State has

                     vehemently opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the rival submissions made by the

                     learned counsel for the parties, let the petitioner above-named,

                     in the event of his arrest or surrender before the learned Court

                     below within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned court below where the

                     case is pending/successor court in connection with Amarpur P.S.

                     Case No. 330 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the BNSS, 2023.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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