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Patna High Court

Ranjit RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioner Ranjit Rai subject to the conditions imposed under Section 438(2) CrPC read with Section 482(2) B.N.S.S.

Summary

The petitioners, Ranjit Rai and his relative Indrajit @ Ranjit Rai, applied for anticipatory bail in connection with PS Bidupur Case No. 424 of 2025, which alleges offences under Sections 109, 326(a), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959. The second petitioner withdrew his application, leading to its dismissal, while the first petitioner sought relief fearing arrest. The prosecution contended that the petitioner had ordered the firing on an informant during a land‑dispute altercation. The court examined the allegations, the petitioner’s criminal antecedent, and the statutory provisions governing anticipatory bail. It held that, despite the seriousness of the accusations, anticipatory bail could be granted subject to stringent conditions under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S. The order also stipulated bail bonds, sureties, and compliance requirements, and clarified that the observations would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to petitioner Ranjit Rai despite allegations of ordering a firing and his criminal antecedent.
  • Whether the withdrawal of the second petitioner’s application affects the first petitioner’s relief.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate in the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • offences
  • Arms Act
  • land dispute
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11706 of 2026
                       Arising Out of PS. Case No.-424 Year-2025 Thana- BIDUPUR District- Vaishali
                 ======================================================
           1.     Ranjit Rai, Son of Late Vishuni Rai Resident of Village - Naya tola
                  Paharpur, Ps- Jurwanpur, Dist- Vaishali
           2.    Indrajit @ Ranjit Rai, son of Late Baidnath Rai Resident of Village - Naya
                 tola Paharpur, Ps- Jurwanpur, Dist- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rananjay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. After some argument learned counsel for the

                   petitioner No.2, namely, Indrajit @ Ranjit Rai, submits that he

                   shall not be pressing the anticipatory bail application of the

                   petitioner no.2.

                                3. The application against the petitioner no.2, namely

                   Indrajit @ Ranjit Rai stands dismissed as not pressed.

                                4. So for as petitioner no.1, namely, Ranjit Rai is

                   concerned, he apprehends his arrest in connection with Bidupur

                   P.S. Case No. 424 of 2025 registered for the offences under

                   Sections 109, 326(a), 3(5) of the                Bharatiya Nyaya Sanhita,
Patna High Court CR. MISC. No.11706 of 2026(2) dt.25-02-2026
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          2023 and Section 27 of the Arms Act, 1959.

                       5. The prosecution case is to the effect that on the

          instructions of petitioner no.1, namely, Ranjit Rai, it is alleged

          that the petitioner No.2, namely, Indrajeet @ Ranjit Rai had

          fired upon the informant which hit on his thigh and apart from

          that the other accused persons have also assaulted him.

                       6. Learned counsel for the petitioner no.1, namely,

          Ranjit Rai submits that the only allegation against the petitioner

          Ranji Rai that he had directed to fire upon the informant. It has

          further been submitted that the allegation is superficial in nature

          and no such incident as alleged had occurred and in fact the

          informant, who was the aggressor had approached the land of

          the petitioner and for which one Bidupur P.S. Case No.423 of

          2025 was lodged on behalf of the petitioner's side. It has next

          been submitted that in the altercation that took place certain

          injuries were sustained by both the sides and the cause of the

          incident is said to be a land dispute between the parties. It has

          lastly been submitted that the petitioner No.1 has one criminal

          antecedent.

                       7. Learned APP for the State has opposed the prayer

          for anticipatory bail and has stated that the petitioner is the order

          giver.
Patna High Court CR. MISC. No.11706 of 2026(2) dt.25-02-2026
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                       8. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner no.1, namely, Ranjit Rai be released on anticipatory

          bail, in the event of arrest or surrender before the learned Court

          below within a period of four weeks from today, on furnishing

          bail bonds of Rs.10,000/-(ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Bidupur P.S. Case No. 424 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioner will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioner is found involved in similar nature
                          of offence in future, the prosecution shall be at liberty
                          to move for cancellation of his bail bond.
                          (v) The learned Court below shall verify the criminal
                          antecedent of the petitioner and in case at any stage it is
                          found that the petitioner has concealed his criminal
                          antecedent, the court below shall take step for
              Patna High Court CR. MISC. No.11706 of 2026(2) dt.25-02-2026
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                                        cancellation of bail bond of the petitioner. However, the
                                        acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     9. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     10. It is made clear that the observation, if any, made

                        in this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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