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Patna High Court

Ranjit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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/-
U       T


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