Ankit Pandey @ Ankit Kumar Pandey @ Ankit Kumar @ Ankit Pandy @ Ankit Kumar Padey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32091 of 2026 Arising Out of PS. Case No.-460 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Ankit Pandey @ Ankit Kumar Pandey @ Ankit Kumar @ Ankit Pandy @ Ankit Kumar Padey S/O Mahesh Pandey R/O Village- Dumra, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kotwa P.S. Case No. 460 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier, vide order dated 19.09.2025 passed in Cr. Misc. No. 29186 of 2025, regular bail of the petitioner was rejected by this Court considering the nature and gravity of offence.

3. Learned counsel for the petitioner submits that the present one is the second attempt for grant of regular bail to the petitioner. It is mainly submitted that in this case only charge

Patna High Court CR. MISC. No.32091 of 2026(3) dt.17-07-2026 2/3 has been framed and till date no prosecution witness has been examined which is evident from the stage report dated 19.05.2026 sent by the learned court below. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.09.2024 and has no criminal antecedent. Learned counsel further submits that there is no likelihood of the trial being concluded in the near future. Learned counsel goes on to submit that the continued incarceration of the petitioner without conclusion of trial amounts to a gross violation of the fundamental right guaranteed under Article 21 of the Constitution of India, which is reiterated by Hon'ble Apex Court in plethora of judgments.

4. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

5. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and taking into account the fact that continued detention of the petitioner would serve no purpose other than punitive pretrial incarceration, which is antithetical to the spirit of Article 21 of the Constitution of India, this Court is inclined to grant bail to the petitioner.

6. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.32091 of 2026(3) dt.17-07-2026 3/3 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 Kotwa P.S. Case No. 460 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T