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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to monetary and surety conditions and compliance with trial attendance requirements.

Summary

The petitioner, Ranjan Kumar, was arrested in connection with a robbery at Punjab National Bank where cash was stolen and pistols were brandished, leading to charges under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, stating no incriminating material or arms were found in his possession, and highlighted that a co-accused had already been granted bail. The State opposed bail, citing the seriousness of the offences and the petitioner’s six prior criminal antecedents. The court considered the length of custody, lack of direct evidence against the petitioner, and the precedent of bail to the co-accused, and decided to grant bail with conditions. The bail order required a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and mandated appearance at every trial date, with cancellation possible after two consecutive defaults.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act despite the seriousness of the alleged offences and the petitioner’s prior criminal record.

Legislation cited

Subjects

  • bail
  • robbery
  • arms threat
  • Section 309
  • Arms Act
  • high court
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13189 of 2026
                          Arising Out of PS. Case No.-150 Year-2025 Thana- Arwal District- Arwal
                 ======================================================
                 Ranjan Kumar S/o Dhanu Saw R/o Village - Ahpura, P.S.- Sandesh, District -
                 Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. At the outset, learned counsel for the petitioner is

                   permitted to make necessary correction in paragraph No. 4 of

                   the bail application in course of the day.

                           3. The petitioner seeks bail in connection with Arwal P.S.

                   Case No. 150 of 2025, instituted for the offences punishable

                   under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act.

                           4. The prosecution case, in short, is that three unknown

                   persons came to withdraw cash from Punjab National Bank

                   C.S.P., in the meantime, one of them fled with a bag containing

                   Rs. 1,33,000/-/ When informant’s sister tried to stop them, two
Patna High Court CR. MISC. No.13189 of 2026(2) dt.25-02-2026
                                            2/3




          other accused persons brandished pistols and threatened to kill

          them and fired on the air while escaping. The police and the

          villagers caught the petitioner along with other co-accsued

          person.

                  5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submits that no any arms have been recovered from the

          possession of the petitioner rather the same has been recovered

          from the possession of co-accused person. It is further submitted

          that no any injury has been caused to anyone in the alleged

          occurrence. The petitioner is in custody since 04.07.2025 and

          has got six (6) criminal antecedents. Other co-accused has been

          granted bail by this Court vide order dated 16.09.2025, passed

          in Cr. Misc. No. 65545 of 2025.

                  6. Learned APP for the State has vehemently opposed the

          prayer for grant of bail to the petitioner.

                  7. Considering the aforesaid facts and circumstances of

          the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail
           Patna High Court CR. MISC. No.13189 of 2026(2) dt.25-02-2026
                                                       3/3




                     to the petitioner.

                             8. Let the petitioner be released on bail, after framing of

                     charge, if not already framed, on furnishing bail bonds of Rs.

                     15,000/- (Rupees Fifteen Thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court

                     in connection with Arwal P.S. Case No. 150 of 2025, subject to

                     the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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