Ankesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59720 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== 1.
Ankesh Kumar Son of Mangal Sada R/o Village - Navatoliya Rasaunk, Ward no. 13, P.S. - Morkahi, Dist. - Khagaria.
2.
Rajniti Kumar Son of Rambaahadur Sada R/o Village - Navatoliya Rasaunk, Ward no. 13, P.S. - Morkahi, Dist. - Khagaria. 3.
Abhishek Kumar Son of Rambahadur Sada R/o Village - Navatoliya Rasaunk, Ward no. 13, P.S. - Morkahi, Dist. - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajit Kumar, Adv.
For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Morkahi P.S. Case No. 31 of 2025, instituted for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioners along with other co-accused persons have brutally assaulted the informant due to which he sustained injuries.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.59720 of 2025(2) dt.27-08-2025 2/3 petitioners are innocent and have falsely been implicated in the present case due to village politics. There is no specific or direct allegation of any overt act against the petitioners rather the same is general and omnibus in nature. The specific allegation of assault is against the co-accused Nitin Kumar, Amarjeet, Rambahadur Sada and Hardev Prasad Singh. The petitioners were only the members of the mob. The petitioner no.1 is in custody since 11.05.2025 whereas petitioner nos. 2 & 3 are in custody since 22.05.2025. The petitioner no.2 has one criminal antecedent whereas petitioner nos. 1 & 3 bears no criminal antecedent. He further submits that the co-accused Nitin Kumar has already been granted bail by this Court vide order dated 12.08.2025 passed in Cr. Misc. No. 54065 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioners as also there being no specific allegation of assault, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
Patna High Court CR. MISC. No.59720 of 2025(2) dt.27-08-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Morkahi P.S. Case No. 31 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T