Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48685 of 2025 Arising Out of PS. Case No.-204 Year-2025 Thana- AMARPUR District- Banka ====================================================== Ankit Kumar S/O Nikesh Yadav R/O Village- Kharauwa, P.S- Khesar, District -Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Amarpur (Fullidumar) P.S. Case No. 204 of 2025, instituted for the offences punishable under Sections 126(2), 115(2), 109(1), 303(II), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner along with other co-accused persons went to the house of informant, assaulted her and her husband by means of iron-rod and sword due to which they sustained injuries and also disrobed her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.48685 of 2025(2) dt.04-08-2025 2/2 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of 25 days in lodging the FIR. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that specific allegation of assault is against co-accused, namely, Sikander Yadav and Kunal Yadav. There is case and counter case between the parties. The petitioner is in custody since 04.05.2025 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur (Fullidumar) P.S. Case No. 204 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T