Ankit Upadhyay @ Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37748 of 2026 Arising Out of PS. Case No.-70 Year-2026 Thana- CHAKIA District- East Champaran ====================================================== Ankit Upadhyay @ Ankit Kumar S/o Sanjay Upadhyay Resident of village - Math Gariba, P.S.- Chakia, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-07-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Chakia P.S. Case No. 70 of 2026 for the offence under sections 126(2), 115(2), 109(1), 303(2), 352, 351(2) and 3(5) of the BNS lodged on 14.02.2026 by the informant, Ranjan Kumar Mishra.
3. As per the prosecution story, the informant alleged that when the informant was going to return the money to the goldsmith at Pipra, the accused persons armed variously assaulted and snatched the cash amount. Further, the petitioner and Amod Upadhyay assaulted him with sword on his head. This led to the FIR.
4. Learned counsel for the petitioner submits that the alleged date is of 10.02.2026 and the FIR is lodged on
Patna High Court CR. MISC. No.37748 of 2026(2) dt.01-07-2026 2/3 14.02.2026 and this delay has not been explained. Further, the learned Sessions Judge order shows that that injury has been found to be simple in nature.
5. Learned APP opposes the prayer submitting that allegation of sword blow in there on the petitioner.
6. Taking into account the submissions of the parties as also the delay in lodging the FIR and the injury has been found to be simple in nature, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, East Champaran, Motihari in connection with Chakia P.S. Case No. 70 of 2026 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.37748 of 2026(2) dt.01-07-2026 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T