Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Ankit Kumar applied for regular bail for offences under several sections of the Bihar Negotiable Instruments Act and the Information Technology Act. The prosecution alleged that the accused killed the informant's son over a money dispute, but the petitioner’s name does not appear in the FIR; it only appears in the confessional statement of co‑accused Shambhu Kumar. The court found no other material linking the petitioner to the crime, noted his clean antecedents and that he had been in custody since 1 March 2025. Considering the lack of substantive evidence and the prolonged detention, the court allowed the bail application. The petitioner was ordered to be released on a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail can be granted to the petitioner when the only link to the alleged offence is a confessional statement of a co‑accused and the petitioner is not named in the FIR.
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 140(1), 238, 318(4), 336(3), 338, 3(5), 61(2)
- Information Technology Act — s. 66(B), 66(C), 66(D)
Subjects
- regular bail
- confessional statement
- clean antecedent
- Indian Penal Code
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89121 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- JAGDISHPUR District- Bhojpur
======================================================
Ankit Kumar Son of Mundrika Ram Resident of Village- Kuchauara
Udhampur, P.S.- Karanda, District- Gazipur (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swati Parmar , Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner,
informant and learned A.P.P. for the State .
2. Petitioner seeks regular bail for the offences
punishable under Sections 140 (1), 103 (1), 238, 318 ( 4 ), 338,
336 (3), 61 ( 2 ) and 3 (5) of BNS read with section 66(B),
66(C), 66(D) of the I.T. Act.
3 . As per prosecution story, informant alleged that all
the F.I.R. named accused persons killed the son of the informant
due to money dispute.
4. Learned counsel for the petitioner submitted that
petitioner is not named in the FIR. The name of this petitioner
transpired in the confessional statement of co-accused Shambhu
Kumar against whom there is specific allegation that he along
with other accused persons assaulted deceased and killed him.
Patna High Court CR. MISC. No.89121 of 2025(3) dt.13-05-2026
2/2
Save and except, confessional statement, there is no material on
record to show the involvement of this petitioner in the alleged
occurrence . Petitioner claims clean antecedent and is in custody
since 01.03.2025 .
5 . Learned A.P.P. for the State opposed the bail
application of the petitioner.
6. Considering the aforesaid facts, materials available
on record and other circumstances of the case and period of
custody, the bail application is allowed. Let the above named
petitioner be released on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM Ara at Bhojpur in
connection with Jagdishpur P.S. Case No. 73 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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