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Patna High Court - Orders

Ankit Kumar @ Ankit vs The State Of Bihar on 19 February, 2026

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.963 of 2024
                      Arising Out of PS. Case No.-560 Year-2023 Thana- GAURICHAK District- Patna
                 ======================================================
                 Ankit Kumar @ Ankit S/O Sanjay Prasad R/O Sohgi Kushpar, P.S-
                 Gaurichak, Distt.- Patna As Per F.I.R, R/O- Vill- Sewdaha, P.S- Dhanarua,
                 Distt.- Patna (As Wrongly Mentioned In F.I.R).

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Poonam Devi W/O Late Gudu Paswan R/O Vill- Jalalpur, P.S- Dhanarua,
                 Distt.- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Amaresh Kumar, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   19-02-2026

Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 12.01.2024 passed by learned Additional Sessions Judge-cum-Special Judge, SC/ST Act, Patna whereby the prayer for anticipatory bail of the appellant in connection with Special Case No. 419 of 2023, arising out of Gaurichak PS Case No. 560 of 2023 instituted under Sections 147, 148, 149, 341, 323, 307, 302, 337, 338 & 34 of the Indian Penal Code & Sections 3(r)(s)(w) & 3(2)(va) of SC/ST Act was rejected.

3. The informant alleges that on 30.09.2023 her husband went to Patna on his pick-up vehicle. Near village Patna High Court CR. APP (SJ) No.963 of 2024(6) dt.19-02-2026 2/3 Kushpar, he was allegedly assaulted by Naresh Kewat, Upendra Kewat, Raju, Ankit, and 20-25 unknown persons using iron rods, lathis, dandas, and stones.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. The appellant is named in the FIR. There is no specific allegation against the appellant. It is submitted that the husband of the informed died in mob lynching and merely appellant was passerby, he has been identified via CCTV footage. Informant is not the eye witness to the occurrence. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant has no criminal antecedent.

5. Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant. By referring to paragraph no. 19 of the case diary, which contains the confessional statement of the co-accused, namely, Shiv Balak Ram, it is submitted that the said co-accused has stated that the appellant assaulted the deceased with bricks. Patna High Court CR. APP (SJ) No.963 of 2024(6) dt.19-02-2026 3/3 It is further alleged that the deceased had earlier rammed his pickup van into the appellant's two-year-old son, resulting in the child's death on the spot

6. Considering the aforesaid facts and circumstances of the case, this Court does not find it a fit case for grant of anticipatory bail. Appeal is, accordingly, dismissed.

7. However, if the appellant surrenders before the court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) Raj Kishore/-

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