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Patna High Court

Ankit Kumar @ Ankit SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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/-

U        T


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