Ankit Kumar @ Bittu Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ankit Kumar @ Bittu Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bond of Rs. 30,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Begusarai/concerned Court in Neemachandpura P.S. Case No. 11 of 2025, subject to conditions of attendance/co-operation in trial and abstention from tampering with evidence or witnesses.

Issue for consideration

Whether the petitioner, arrested in connection with Neemachandpura P.S. Case No. 11 of 2025 (offences under Section 30(a) Bihar Prohibition and Excise Act and Sections 25(1-B)a, 26 and 35 Arms Act), should be released on regular bail.

Court's answer

Considering that the case is at the appearance stage, that no incriminating material was recovered from the petitioner's conscious possession, and the period of custody undergone, the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 30,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Begusarai/concerned Court in Neemachandpura P.S. Case No. 11 of 2025.

Ratio / Principle

Bail condition (i): the petitioner shall co-operate in the trial and remain present on each and every date during trial; in his absence on two consecutive dates, the trial court is at liberty to cancel his bail bond.

Key takeaways

Bail condition (ii): if the petitioner tampers with the evidence or the witnesses of the case, the prosecution will be at liberty to move for cancellation of his bail.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J) allowed a fresh/second application for regular bail by Ankit Kumar @ Bittu Kumar in Neemachandpura P.S. Case No. 11 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1-B)a, 26 and 35 of the Arms Act. His earlier bail prayer had been rejected on 03.09.2025 in Cr. Misc. No. 34083 of 2025. Granting bail, the Court relied on the Trial Court's report that the case was only at the stage of appearance, the submission that no incriminating material was recovered from the petitioner's conscious possession, and the period of custody undergone (since 07.02.2025). Bail was ordered on a bond of Rs. 30,000/- with two like sureties before the Exclusive Special Excise Judge-II, Begusarai, conditioned on attendance and co-operation throughout the trial (with liberty to cancel the bond on absence for two consecutive dates) and on non-tampering with evidence or witnesses.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87859 of 2025

Arising Out of PS. Case No.-11 Year-2025 Thana- NIMACHANDPURA District- Begusarai

======================================================

Ankit Kumar @ Bittu Kumar S/o Munna Singh @ Rajeev Kumar Chaudhary @ Rajeev Kumar R/o Village- Harrakh, Kapasia, Ward No.13, P.S- Town, Dist- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 18-03-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks regular bail in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act and Sections 25(1-B)a, 26 and 35 of the Arms Act.

From perusal of the report of the Trial Court, it appears that the case is running at the stage of appearance.

Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 03.09.2025 in Cr. Misc. No. 34083 of 2025. He further submits that there is no likelihood of the completion of the trial in near future. Nothing incriminating

Patna High Court CR. MISC. No.87859 of 2025(3) dt.18-03-2026 2/3

material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the seized liquor or the country made pistol recovered from the place of occurrence. Petitioner is in custody since 07.02.2025 and he undertakes to co-operate in the trial. There is no chance of tampering with the evidence or absconding of the petitioner.

Learned A.P.P. for the State opposes the bail application of the petitioner.

Considering the aforesaid facts and circumstances of the case, report of the Trial Court that case is running for appearance, no incriminating material has been recovered from the conscious possession of the petitioner and period of custody undergone, let the above named petitioner be released on bail on furnishing bail bond of Rs. 30,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Begusarai/concerned Court in connection with Neemachandpura P.S. Case No. 11 of 2025 with further conditions:-

(i) Petitioner shall co-operate in the trial and shall remain present on each and every date during trial and in his absence on two consecutive dates, the trial court is at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.87859 of 2025(3) dt.18-03-2026 3/3

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sunil Dutta Mishra, J)

utkarsh/-

U T