Ankush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40343 of 2026 Arising Out of PS. Case No.-149 Year-2025 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Ankush Kumar S/O Late Ramnath Sharma @ Mukesh Kumar R/O VillageMahammadpur, P.S- Bihta, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P. N. Shahi, Sr. Advocate Mr.Madhukar Anand, Advocate For the State :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2026 Heard learned Senior Counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Shri Krishnapuri P.S. Case No. 149 of 2025 registered for the offence punishable under Sections under Sections 103(1), 109, 115(2), 118(1), 117(2), 132, 324(4), 324(5) & 3(5) of the B.N.S.

3. Earlier the bail application of the petitioner has been rejected vide order dated 08.09.2025 passed in Cr. Misc. No. 60382 of 2025.

4. As per the prosecution case, the petitioner is accused of killing a police official.

5. Learned senior counsel for the petitioner submits

Patna High Court CR. MISC. No.40343 of 2026(2) dt.07-07-2026 2/3 that the petitioner is innocent and has committed no offence. The petitioner is in custody since 18.06.2025. He further submits that though the charge-sheet was submitted under Section 103 and 109 of B.N.S. but the Court has taken cognizance under Sections 105 and 106 of B.N.S., and therefore, the offences of murder are not made out. Learned counsel further submits that co-accused Ankit Kumar @ Ved Prakash was granted bail by this Court vide order dated 13.05.2026 passed in Cr. Misc. No. 25367 of 2026.

6. Learned A.P.P. for the State opposes the prayer for bail.

7. Considering the submission of the learned Senior Counsel for the petitioner, the period of custody and the fact that no offence under Section 103 of B.N.S. has been found to be made out by the Court below, this application for regular bail is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna/ concerned Court below in connection with Shri Krishnapuri P.S. Case No. 149 of 2025.

Patna High Court CR. MISC. No.40343 of 2026(2) dt.07-07-2026 3/3

9. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Bihta Police Station, District- Patna on first and third Sunday of the month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

10. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T