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Patna High Court

Ravi JhaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Once a process under Sections 83 and 84 of the BNSS is issued, the court must not grant pre‑arrest bail.

Summary

The petitioner, Ravi Jha, applied for pre‑arrest bail in a case involving alleged kidnapping, assault, extortion and land‑grab offences under multiple sections of the Bihar Non‑Organised Societies (BNS) Act. The FIR alleged that the petitioner and associates abducted an informant, assaulted him, forced him to sign blank documents and seized Rs 25,000. The petitioner argued that he had been granted interim protection by the High Court on 8 April 2026 and that many of his other cases had resulted in acquittal, contending that the offences did not fall within the scope of organized crime under Section 111 of the BNS. The informant’s counsel and the State opposed bail, emphasizing that a process under Sections 83 and 84 of the BNSS had been issued and that the investigation was ongoing. The Court, applying the settled principle that issuance of a process under Sections 83 and 84 precludes pre‑arrest bail, declined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Can pre‑arrest bail be granted when a process under Sections 83 and 84 of the BNSS has been issued?
  • Do the alleged offences fall within the ambit of organized crime under Section 111 of the BNS?
  • Do prior acquittals in other cases influence the grant of pre‑arrest bail?

Subjects

  • pre‑arrest bail
  • Sections 83 & 84
  • organized crime
  • Section 111 BNS
  • land dispute
  • kidnapping
  • assault
  • Bihar Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19670 of 2026
                   Arising Out of PS. Case No.-179 Year-2026 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Ravi Jha Son of Late Jaldhar Jha Resident of Village- Govindpur, P.S.-
                 Rautara, District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Vivekanand Singh, Advocate
                                                  Mr. Naveen Kumar, Advocate
                 For the Informant         :      Mr. Abhishek Kumar Pandey, Advocate
                 For the State             :      Mr. Suresh Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   04-05-2026                          Heard Mr. Vivekanand Singh, learned counsel

                   appearing on behalf of the petitioner; Mr. Abhishek Kumar

                   Pandey, learned counsel for the informant and Mr. Suresh

                   Prasad Singh, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Katihar Town P.S. Case No. 179 of 2026, registered for the

                   offence punishable under Sections 126(2), 127, 119, 308,

                   115(2), 118(2), 308(3), 122, 303(2), 109, 351(2) and 3(5) of the

                   BNS.

                                 3. As per the allegation made in the FIR, the

                   informant had entered into an agreement in 2023 for purchase of

                   17 acres of land from Dulal Kant Nandi, and on 09.02.2026,

                   while returning from Circle Office, Hasanganj, the petitioner
Patna High Court CR. MISC. No.19670 of 2026(3) dt.04-05-2026
                                            2/4




          along with associates intercepted their vehicle and forcibly

          entered it at gunpoint. It is alleged that they abducted the

          informant, took him to a farmhouse, restrained and assaulted

          him, causing multiple injuries. Under threat of death, the

          informant and the landowner were allegedly forced to sign

          blank papers and a backdated stamp paper. The accused persons

          are further alleged to have acted with intent to grab the land and

          also snatched Rs. 25,000/- from the informant. Due to fear, the

          informant claims he handed over original documents and wrote

          receipt of Rs. 1.30 crore, and after escaping, he sought medical

          treatment and lodged the case on 11.02.2026.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. Learned counsel further

          submitted that before the process under Sections 83 and 84

          BNSS was issued by the learned District Court declaring the

          petitioner proclaimed offender, the petitioner was granted

          interim protection by this Court vide order dated 08.04.2026, as

          such, the subsequent order of the learned District Court should

          not come in a way to deprive the petitioner of his personal

          liberty considering that the offence, which has been alleged in

          the FIR, don't come within the purview of organized crime in
Patna High Court CR. MISC. No.19670 of 2026(3) dt.04-05-2026
                                            3/4




          accordance with the provision of Section 111 of the BNS.

          Learned counsel further submitted that petitioner has been

          acquitted in 7 cases out of 12 cases. On these grounds, petitioner

          seeks to be released on pre-arrest bail.

                       5. Per contra, Mr. Abhishek Kumar Pandey, learned

          counsel appearing on behalf of the informant has vehemently

          opposed the prayer for grant of bail to the petitioner and

          submitted that petitioner is involved in almost twelve cases

          though, he has been acquitted in many of those cases, but, so far

          as, the conduct of the petitioner is concerned, in spite of having

          granted interim protection by this Court, he has not cooperated

          in course of investigation, as such, the learned District Court, in

          accordance with law and established procedure, has issued

          process under Sections 83 and 84 of the BNSS as would appear

          from paragraph no. 224 of the case diary.

                       6. Learned A.P.P. for the State has also vehemently

          opposed the prayer for grant of bail to the petitioner.

                       7. Having heard the rival submissions made on behalf

          of the parties and also considering the information contained in

          paragraph no. 224 of the case diary, without going into the

          merits of the allegation made in the FIR, in view of settled

          principle of law that once the process under Sections 83 and 84
              Patna High Court CR. MISC. No.19670 of 2026(3) dt.04-05-2026
                                                          4/4




                        has been issued, the Court must restrain from granting pre-arrest

                        bail, moreover, in the present case, the informant has given

                        information that altogether 12 criminal cases are registered

                        against the petitioner and the investigation is still going on, I am

                        not inclined to enlarge the petitioner on pre-arrest bail.

                                      8. Accordingly, the present bail application stands

                        dismissed.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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