Patna High Court
Ranjan Kumar @ Ravindra Yadav @ Ravinder KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to regular bail as the facts do not warrant his continued detention.
Summary
The petitioner, Ranjan Kumar, was arrested in connection with an alleged assault, theft and extortion at a construction site on 1 June 2025, alleged under sections 308(5) and 3(5) of the Bihar Narcotic Substances Act, 2023. He claimed innocence, arguing that the FIR was lodged against unknown miscreants and that his case was similar to that of another accused, Rahul Kumar, who had been granted bail. The State opposed the petition for regular bail, contending that the seriousness of the offences warranted continued detention. The Court examined the facts, noting that the petitioner had been in judicial custody since 5 July 2025 and that no substantive evidence directly linked him to the crime. Considering the lack of incriminating material and the precedent of bail in a similar case, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- What is the applicability of regular bail to the petitioner under sections 308(5) and 3(5) of the BNS, 2023?
- Whether the circumstances of the case justify continued judicial custody?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 308(5), 3(5)
Subjects
- regular bail
- criminal procedure
- Bihar Narcotic Substances Act
- sections 308(5)
- section 3(5)
- extortion
- assault
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88220 of 2025
Arising Out of PS. Case No.-232 Year-2025 Thana- GURUA District- Gaya
======================================================
Ranjan Kumar @ Ravindra Yadav @ Ravinder Kumar S/o- Raja Yadav
Village-Darwa, P.S- Uphara, District-Aurangabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Kumar, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 308 (5) and
3(5) of the BNS, 2023.
3. The case of the prosecution is that on 01.06.2025
at about 1:00 A.M. some unknown miscreants came on the
construction site and assaulted the workers and care taker.
They snatched the mobile of care taker, namely, Ajay Yadav.
They have also given letter of CPI party and demanded
extortion money.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.88220 of 2025(3) dt.05-02-2026
2/2
FIR was lodged against unknown miscreants. During the course
of investigation, one Rahul Kumar was apprehended and the
said Rahul Kumar has been granted bail by a Bench of this
Court vide order dated 16.12.2025 passed in Cr. Misc. No.
85183 of 2025. The case of this petitioner stands on similar
footing. Moreover, the petitioner is languishing in judicial
custody since 05.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Gurua P.S. Case No. 232 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Sherghati, Gaya JI.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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