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Patna High Court

Dr. Ankit Kumar Aman @ Ankit Kumar Aman @ Ankit Anand MithileshversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Dr. Ankit Kumar Aman, sought anticipatory bail fearing arrest in a case alleging kidnapping under Sections 363 and 365 of the Indian Penal Code. The prosecution alleged that the informant's daughter went missing after being called to give evidence, and the informant implicated the petitioner among other accused. The petitioner argued he was not named in the FIR, that his name only appeared later based on the informant's restatement, and that there was no material linking him to the alleged crime. The State opposed the bail, emphasizing the seriousness of the offences and the fact that the victim remained missing. After considering the gravity of the offences and the lack of evidence against the petitioner, the court rejected the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in the absence of material evidence linking him to the alleged kidnapping offences.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • IPC
  • Section 363
  • Section 365
  • criminal procedure
  • missing victim

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91108 of 2025
                   Arising Out of PS. Case No.-35 Year-2023 Thana- GAMAHARIYA District- Madhepura
                 ======================================================
                 Dr. Ankit Kumar Aman @ Ankit Kumar Aman @ Ankit Anand Mithilesh Son
                 of Ramdeo Sah R/o Vill. - Jalwar, P.S. -Gamhariya, Distt. - Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Manoj Kumar Pandey, Advocate
                 For the State          :        Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 363 and

                   365 of the Indian Penal Code.

                                3. As per prosecution case, on 22.03.2023, daughter of

                   informant went out of the house to depose in connection with

                   Gamhariya P.S. Case No. 57 of 2017 but did not return.

                   Informant believes that all the F.I.R. named accused persons,

                   including this petitioner, kidnapped her daughter.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is not named in the F.I.R..
             Patna High Court CR. MISC. No.91108 of 2025(2) dt.10-02-2026
                                                         2/2




                       Name of petitioner surfaced in this case during investigation,

                       only on the basis of restatement of the informant. There is no

                       material on record to show the complicity of this petitioner in

                       the alleged occurrence. Petitioner claims clean antecedents.

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

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that name of petitioner transpired in

                       this case during investigation and the victim is still traceless.

                                    6. Considering the facts and circumstances of the

                       case, gravity of offence and fact that the victim is still traceless,

                       the prayer for grant of anticipatory bail to the petitioner is

                       rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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