Ankit Yadav @ Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10746 of 2026 Arising Out of PS. Case No.-2 Year-2025 Thana- DAUDNAGAR District- Aurangabad ====================================================== Ankit Yadav @ Ankit Kumar Son of Sanjay Yadav @ Sanjay Singh Resident of Village - Chandi Patti, P.S. - Karakat, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20194 of 2026 Arising Out of PS. Case No.-2 Year-2025 Thana- DAUDNAGAR District- Aurangabad ====================================================== Bhola Yadav @ Bhola Singh Son of Laxman Yadav Resident of VillageSikariya, P.S.- Karakat, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 10746 of 2026) For the Petitioner/s :
Mr. Devesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 20194 of 2026) For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2026 Heard Mr. Devesh Kumar Singh, learned counsel for the petitioner and Mr. Surendra Kumar, learned APP for the State (in Cr. Misc. No. 10746 of 2026) and Mr. Manoj Kumar Singh, learned counsel for the petitioner and Mr. Dr. Mrityunjaya Kr. Gautam, learned APP for the State (in Cr. Misc. No. 20194 of 2026) .
2. Petitioners seek bail, who are in custody since
2/4 28.06.2025 and 29.03.2025 respectively, in connection with Daudnagar P.S. Case No. 02 of 2025, F.I.R. dated 02.01.2025 registered for the offences punishable under Sections 309(6) of the B.N.S., 2023.
3. The F.I.R. of the occurrence of loot of motorcycle is against unknown.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. He further submits that the petitioners are not named in the F.I.R. and the name of the petitioners have been transpired on the basis of confessional statement of co-accused person and except the confessional statement of co-accused person, no other cogent material has come during investigation to suggest the involvement of the petitioners in the present occurrence and one looted motorcycle was recovered from the possession of the petitioner namely Bhola Yadav @ Bhola Singh (Cr. Misc. No. 20194 of 2026). Learned counsel for the petitioners further submits that although recovery has been made from the possession of accused Bhola Yadav @ Bhola Singh and till date no TIP was conducted by the prosecution. He further submits that the police after investigation submitted chargesheet against the petitioners and the petitioners are in custody since 28.06.2025 and 29.03.2025 respectively..
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5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners and submits that the petitioner, namely, Ankit Yadav @ Ankit Kumar carries two more cases and the petitioner namely, Bhola Yadav @ Bhola Singh, carries 21 (twenty one) more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioners are on bail in all the pending matters.
6. Considering the facts and circumstances of the case and the fact that the petitioners are not named in the F.I.R and till date no TIP was conducted by the prosecution, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 02 of 2025, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for
4/4 cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T