Patna High Court
Ankit Kumar @ Ankit SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Ankit Kumar and Aniket Kumar, filed an anticipatory bail application fearing arrest in connection with a criminal case (Saharsa Sadar P.S. Case No.991/2025) involving alleged possession of 500 ml of liquor and three empty cartridges, offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 27, 25(9) and 35 of the Arms Act. The court noted that the petitioners have two prior cases and that their names appeared in the confessional statements of co‑accused Pramod and Nishant. Considering the antecedent criminal history and the material evidence, the court was not inclined to extend the privilege of anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail when the applicants have prior criminal cases and the allegations are supported by confessional statements?
Legislation cited
- Arms Act — s. 25(9), 27, 35
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Arms Act
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90317 of 2025
Arising Out of PS. Case No.-991 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
1. Ankit Kumar @ Ankit Sah S/o Pannalal Sah Resident of - Gandhipath, P.S -
Saharsa Sadar, District - Saharsa
2. Aniket Kumar @ Aniket Sah S/o Pannalal Sah Resident of - Gandhipath, P.S
- Saharsa Sadar, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Saharsa Sadar P.S. Case No.991/2025, registered for the
offences punishable under Section 30(a) of Bihar Prohibition
and Excise Act and Sections 27, 25(9) and 35 of the Arms Act.
3. In the nature of allegation, the Court is not inclined
to extend the privilege of anticipatory bail to the petitioners as
the petitioners have antecedent of two cases and allegation is of
recovery of 500 ml of liquor along with 3 empty cartridges from
premises of Sanoj and the name of the petitioners transpired in
the confessional statement of Pramod and Nishant.
Patna High Court CR. MISC. No.90317 of 2025(2) dt.08-01-2026
2/2
4. The anticipatory bail application of the petitioners
is thus rejected.
(Satyavrat Verma, J)
amit/-
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