Patna High Court

Ankit Pandey @ Ankit Kumar @ Ankit Kumar PandeyversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, finding that the circumstances warranted release on bond.

Summary

The petitioner, Ankit Pandey, was arrested in connection with a robbery alleged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that four unknown assailants robbed an informant of jewellery and a mobile phone. The petitioner contended that he was falsely implicated, not named in the FIR, and no incriminating material or recovered loot was found in his possession; he also had no prior criminal record. The State opposed bail, but the court noted the petitioner had been in custody since 25‑09‑2025 and that a co‑accused had already been granted bail. Considering parity and the length of custody, the court decided to grant bail on the condition of a Rs.15,000 bond with two sureties. The petitioner was ordered to be released on bail.

Issues considered

Whether the petitioner is entitled to bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 despite the prosecution’s allegations.
Whether the lack of incriminating material, non‑mention in the FIR, and absence of prior criminal record justify granting bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(4)

Subjects

bail
criminal procedure
Section 309(4)
Bharatiya Nyaya Sanhita
presumption of innocence
custody duration

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90165 of 2025
                       Arising Out of PS. Case No.-204 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Ankit Pandey @ Ankit Kumar @ Ankit Kumar Pandey S/O Laxaman Pandey
                 @ Lakshman Pandey Resident of Chasi, P.S.- Narayanpur, Dist.- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Akanksha Malviya, Advocate
                                                   Mr. Akash Keshav, Advocate
                                                   Ms. Naina Nancy, Advocate
                                                   Mr. Anuj Kumar Shrivastav, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2. The petitioner seeks bail in connection with Koilwar

                   P.S. Case No. 204 of 2025, instituted for the offences punishable

                   under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

                            3. The prosecution case, in short, is that while the

                   informant was returning from jewellery shop, in the meantime,

                   four unknown miscreants on two motorcycles intercepted the

                   informant and on the point of pistol looted the jewellery and

                   mobile phone of the informant.

                            4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.90165 of 2025(2) dt.16-01-2026
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          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submits that the petitioner is not named in the

          FIR. Name of the petitioner has transpired in this case in course

          of investigation. It is further submitted that neither any recovery

          of looted article has been made from the possession of the

          petitioner nor any T.I. parade has been conducted in this case to

          ascertain the complicity of the petitioner in the alleged

          occurrence. The petitioner is in custody since 25.09.2025 and

          has got no criminal antecedents. The co-accused person has

          already been granted bail by this Court vide order dated

          12.01.2026 passed in Cr. Misc. No. 88370 of 2025.

                  5. Learned APP for the State has vehemently opposed the

          prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case, claim based on parity and taking into account the

          period of custody undergone by the petitioner, this Court is

          inclined to grant bail to the petitioner.

                  7. Let the petitioner be released on bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Koilwar P.S. Case
           Patna High Court CR. MISC. No.90165 of 2025(2) dt.16-01-2026
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                     No. 204 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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