Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
In the absence of material evidence against the petitioner and given the precedent of bail to a co‑accused, the court held that regular bail may be granted despite the petitioner’s prior criminal antecedent.
Summary
Ranjan Kumar was arrested in connection with an incident where three accused entered an informant’s CSP centre, stole a laptop and, when confronted, one opened fire injuring the informant’s hand. The FIR was lodged against unknown persons, but the petitioner’s name appeared in a confessional statement of another accused, Dilip Kumar, and no incriminating material was recovered from him. The petitioner has been in judicial custody since 24‑08‑2025 and seeks regular bail for offences under Section 309(6) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The State opposed bail, citing a prior criminal case, while the petitioner’s counsel highlighted the lack of direct evidence and the fact that a co‑accused, Arjun Kumar, had already been granted bail in a similar case. After considering these factors, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties, despite the State’s objections.
Issues considered
- Whether regular bail can be granted to the petitioner under Section 309(6) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- regular bail
- criminal procedure
- Arms Act
- Bihar Negotiable Instruments Act
- prior criminal antecedent
- confessional statement
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19725 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Ranjan Kumar S/o Vijay Kumar @ Vijay Sharma Resident of Village- Math
Kalyanpur, P.S.- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 309(6) of
BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that on the alleged
date of occurrence when the informant was at his CSP center,
three accused persons entered the center and took away the
laptop and when protest made by the informant, one of the
accused persons opened fire which hit on the hand of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.19725 of 2026(2) dt.25-03-2026
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counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the FIR was lodged against unknown
miscreants and during investigation, the name of this petitioner
has surfaced in the confessional statement of one Dilip Kumar.
Nothing has been recovered from the possession of this
petitioner. It has further been submitted that similarly situated
co-accused person, namely, Arjun Kumar has already been
granted bail by learned co-ordinate Bench of this Court vide Cr.
Misc. No. 1336 of 2026. The case of this petitioner stands on
similar footing. Moreover, the petitioner is languishing in
judicial custody since 24.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of one
case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Turkauliya P.S. Case No. 403 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.19725 of 2026(2) dt.25-03-2026
3/3
First Class, East Champaran at Motihari.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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