Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Ranjan Kumar and Ravi Ranjan Yadav, applied for regular bail in a case registered under section 303(2) of the Bihar Narcotic Substances Act concerning alleged theft of a gas pipeline. They contended that they were not named in the FIR, that there was a 47‑day delay between the alleged incident (11‑Oct‑2025) and the filing of the FIR (27‑Nov‑2025), and that no gas pipeline was recovered from them. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the Court found the petitioners’ claims credible, noted the lack of direct evidence and the procedural delay, and ordered that they be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties each. The order was directed to be complied with by the Additional Chief Judicial Magistrate‑V, Gopalganj.
Issues considered
- Whether regular bail should be granted to the accused in a case under section 303(2) of the Bihar Narcotic Substances Act given the delay in FIR filing and lack of direct evidence.
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2)
Subjects
- bail
- regular bail
- section 303(2)
- theft of gas pipeline
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10385 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- SIDHWALIYA District- Gopalganj
======================================================
1. Ranjan Kumar S/O Ajay Kumar Prasad R/O Village- Mohamadpur, P.S.-
Badhariya, District- Siwan
2. Ravi Ranjan @ Raviranjan Kumar Yadav S/O Ashok Yadav @ Ashok
Chaudhari R/O Vill.- Chhapiya Buzurg, P.S.- Hussainganj, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under section 303(2)
of BNS.
3. The case of the prosecution is that certain persons
have committed theft of gas pipeline. Informant is the contractor
and he is developing the gas pipeline network.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Petitioners are not named in the FIR. It has further been
submitted that they have come from Ghaziabad with grocery
items and they were arrested by police. He has further submitted
Patna High Court CR. MISC. No.10385 of 2026(2) dt.20-02-2026
2/2
that the date of occurrence is 11.10.2025 whereas the FIR was
lodged on 27.11.2025. There is delay of 47 days in filing of the
FIR. No recovery of gas pipeline has been made from the
possession of these petitioners. The pipeline was recovered from
the junk shop of Afroz Alam. A statement has been made in
para-3 of this petition that the petitioners have got no criminal
antecedent. Moreover, they are languishing in judicial custody
since 03.12.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Sidhwalia P.S. Case No. 240 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-V, Gopalganj.
(Ashok Kumar Pandey, J)
shubham/-
U T
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