Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52710 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Ankit Kumar S/O Late Amod Rai R/O Village- Senduari, P.S.- Hajipur Sadar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas, Advocate For the State :
Mr. Nand Kishore Prasad, APP For the Informant :
Mr. Anil Kumar, Advocate Mr. Akash Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seek bail in connection with Rajapakar P.S. Case No. 105 of 2025 registered for the offences punishable under Sections 109, 3(5) of B.N.S. and 27 of the Arms Act.
3. As per prosecution-case, on 19.03.2025 at 20:00 hours at night, the informant was sitting alone on a chair in his clinic. Meanwhile, co-accused Prince Kumar and two unknown persons, whose faces were covered, came at the clinic of the informant. It is further alleged that co-accused Prince Kumar fired from pistol which hit the neck of the informant as a result of which informant fell down unconscious on the table and on
2/4 regaining his consciousness, he found himself in hospital.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and during course of investigation his name surfaced in this case on the basis of his self confessional statement. Except self confessional statement, there is nothing on record to connect the present petitioner with the alleged occurrence. Learned counsel for the petitioner further submits that F.I.R. named accused Prince Kumar has already been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 63247 of 2025 and the case of present petitioner stands on better footing as he is not named in the F.I.R. Petitioner is in jail custody since 19.04.2025. Chargesheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner is having five criminal antecedent, out of which in three cases he is on bail, as orally submitted. He further submits that petitioner has been roped in a case one after another in a routine manner, without any basis.
Learned A.P.P. vehemently opposed the prayer of bail and submitted that during the course of investigation his name has cropped up in the present case on the basis of his self confessional statement and petitioner bears criminal antecedent
3/4 of five cases. Hence, petitioner does not deserve bail. Considering the facts and circumstances of the case, period of custody, charge-sheet has already been submitted, there is no likelihood of tampering with the prosecution evidence, F.I.R. named accused has already been granted bail by a Co-ordinate Bench of this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 105 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
4/4 (vi) Petitioner shall furnish mobile number at the time of furnishing bail-bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (Alok Kumar Pandey, J) K.C.Jha/- U T