Patna High Court
Ranjit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the allegations were based only on suspicion and no overt act was attributed to him.
Summary
The petitioner, Ranjit Kumar, was not named in the FIR but was later identified by a local watchman and video footage as part of a crowd involved in vandalism and arson of a fire‑brigade vehicle in Beldaur. He argued that the allegation was vague, based solely on suspicion of being in the crowd, and he has a clean antecedent. The State opposed his bail. The Court observed that no overt act could be attributed to him and that the implication was merely on suspicion, therefore directing his release on bail with a bond of Rs 10,000 and two sureties, to be surrendered within four weeks, under Section 482(2) of the Bhartiya Nayay Sanhita 2023. The order was made subject to the conditions laid down by the Chief Judicial Magistrate, Khagaria. The bail was granted pending trial in the related case.
Issues considered
- Whether bail can be granted when the accusation against the petitioner is based only on suspicion and identification as part of a crowd
- Whether the petitioner’s clean antecedent warrants bail despite being implicated in the FIR
- Whether Section 482(2) of the Bhartiya Nayay Sanhita 2023 is applicable for granting bail in this circumstance
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 121(1), 121(2), 132, 190, 191(2), 326(g), 351(2), 351(3), 352, 482(2)
Subjects
- bail
- criminal procedure
- suspicion
- crowd identification
- Section 482
- BNSS
- clean antecedent
- vandalism
- arson
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10772 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Ranjit Kumar S/o Bucho Sah R/o Village- Beldaur, P.S- Beldaur, Dist-
Khagaria. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard learned counsel appearing on
behalf of the petitioner and learned Additional
Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner not named in FIR
and apprehending his arrest in connection with
Beldaur P.S. Case No. 312 of 2025 registered for
the offences punishable under Sections 191(2),
191(2), 190, 352, 115(2), 109, 121(1), 121(2), 132,
326(g), 352, 351(2) and 351(3) of Bhartiya Nayay
Sanhita 2023.
3. As per FIR, 50 named and about 100-
150 unknown persons including this petitioner
were involved in vandalism and thus by put the fire
brigade vehicle on fire when it came to the place of
occurrence, where fire has broken out in tent and
some shops situated thereof.
Patna High Court CR. MISC. No.10772 of 2026(2) dt.24-02-2026
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4. It is submitted by learned counsel
appearing on behalf of the petitioner that the
name of petitioner transpired during investigation
and he was claimed to be identified by local
chaukidar and local people on the basis of video
footage. It is submitted that the allegation against
petitioner is very much general and omnibus in
nature and mere on the basis of suspicion as he
was the part of the crowd he was implicated with
present case. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions
and by taking note of fact as prima facie no overt
act appears attributed against petitioner, where
implication primarily appears due to suspicion
being part of crowd, accordingly, above named
petitioner, who is a man of clean antecedent in the
event of his arrest or surrender before the learned
trial Court, within a period of four weeks of the
order, is directed to be released on bail furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the
Patna High Court CR. MISC. No.10772 of 2026(2) dt.24-02-2026
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satisfaction of the learned Chief Judicial Magistrate,
Khagaria/concerned Court, where the case is
pending in connection with Beldaur P.S. Case No.
312 of 2025 subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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