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Patna High Court

Bholi Yadav @ Ravi Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that anticipatory bail could not be granted to the petitioner.

Summary

The petitioner, Bholi Yadav @ Ravi Ranjan Kumar, sought anticipatory bail in a case registered under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, alleging a clean antecedent and that the FIR was lodged against unknown persons. He claimed that the investigation linked him to the crime only through a confessional statement of an apprehended accused and that he was preparing for competitive examinations. The State opposed the bail, arguing that the investigation was ongoing, the petitioner could abscond, and that a similar co‑accused had previously been denied anticipatory bail. The Court, after hearing both sides, agreed with the State and found no merit in granting bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and investigation
  • Whether the possibility of the petitioner absconding justifies denial of anticipatory bail
  • Whether the reliance on a confessional statement of a co‑accused is sufficient to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • confessional statement
  • Arms Act
  • Bihar Narcotic Substances Act
  • clean antecedent
  • bail rejection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1150 of 2026
                       Arising Out of PS. Case No.-298 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Bholi Yadav @ Ravi Ranjan Kumar S/o Ram Nath Prasad Resident of Village
                 - Tarpura A/P - Shyam Bhawan Yadvesh Market, P.S.- Masaurhi, District-
                 Patna
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Sri Krishna Prasad Singh, Sr. Advocate
                                                  Sri Saket Kumar Singh, Advocate
                 For the Opposite Party/s :       Sri Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                   1. Heard Sri Krishna Prasad Singh, learned Senior

                   Counsel for the petitioner and Sri Rabindra Kumar, learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 103(1) and

                   61(2) of the BNS as well as Section 27 of the Arms Act.

                                 3. Learned Senior Counsel for the petitioner submits

                   that petitioner is a person with clean antecedent and the

                   informant alleges that his nephew was shot dead by unknown

                   criminals.

                                 4. Learned Senior Counsel for the petitioner submits

                   that the FIR was against unknown. It is further submitted that

                   petitioner earlier was working with the Merchant Navy but had

                   to quit the job on account of health issues. It is next submitted
Patna High Court CR. MISC. No.1150 of 2026(3) dt.27-04-2026
                                            2/3




          that    petitioner      is    preparing       for   teachers   competitive

          examination. It is also submitted that the wife of the petitioner

          represented before the higher police officials to get the case

          investigated in its correct perspective as the petitioner came to

          be implicated based on the confessional statement of

          apprehended accused. It is further submitted that Sunny Kumar

          who claims to be an eyewitness to the occurrence did not name

          the petitioner nor disclosed the name of any of the accused

          persons but in course of investigation, he divulged the name of

          three accused who were arrested and based on the confessional

          statement of apprehended accused, the name of the petitioner

          transpired. It is submitted that petitioner is not a land broker.

                       5. Learned A.P.P. for the State vehemently opposes

          the prayer for anticipatory bail of the petitioner and submits that

          what is not in dispute rather stands admitted is that nephew of

          the informant was killed by unknown accused and the FIR was

          instituted against unknown and the name of the petitioner

          transpired, during the course of investigation, based on the

          confessional statement of apprehended accused. It is further

          submitted that investigation is continuing and if the privilege of

          anticipatory bail is granted to the petitioner, the petitioner may

          abscond. It is next submitted that similarly situated co-accused,
           Patna High Court CR. MISC. No.1150 of 2026(3) dt.27-04-2026
                                                       3/3




                     Gyan Ranjan @ Gyan Ranjan Chaudhary had approached this

                     Court seeking anticipatory bail by filing Cr. Misc. No. 53638 of

                     2025 and the same came to be rejected vide order dated

                     20.08.2025 by this Court.

                                  6. After hearing the learned counsel for the parties,

                     the Court is in complete agreement with the submissions made

                     by the learned A.P.P. for the State, as such, is not inclined to

                     extend the privilege of anticipatory bail to the petitioner in

                     connection with Masaurhi P.S. Case No. 298 of 2025 pending in

                     the Court of learned Sub-Divisional Judicial Magistrate,

                     Masaurhi, Patna /Successor Court.

                                  7. Hence, the prayer for anticipatory bail is rejected.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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