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Patna High Court

Ravindra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail cannot be granted where the applicant is not named in the FIR, no incriminating material is found, and there is no apprehension of arrest.

Summary

The petitioner, Ravindra Kumar, filed an anticipatory bail application after a charge sheet was filed against other accused persons and the investigation against him was ordered closed by the SP, Vaishali. The State argued that the application was not maintainable, citing the impugned order which noted the case was instituted against unknown persons and the investigation was closed. The petitioner contended he was not named in the FIR, no incriminating material was recovered, and he had never been subjected to a Test Identification Parade. The Court held that there was no apprehension of arrest for the petitioner, rendering the anticipatory bail application non‑maintainable. Consequently, the Court disposed of the anticipatory bail application, indicating the petitioner could file a fresh application if circumstances change.

Issues considered

  • Whether an anticipatory bail application is maintainable when the applicant is not named in the FIR and the investigation against him has been closed.
  • Whether the absence of apprehension of arrest defeats the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • criminal procedure
  • bail
  • investigation closure
  • apprehension of arrest
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22122 of 2026
                       Arising Out of PS. Case No.-224 Year-2021 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Ravindra Kumar S/O Suresh Das Resident of Village- Karmopur, Police
                 Station- Rustampur, Distt.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :           Mr.Ranjeet Kumar
                 For the Opposite Party/s :           Mr.Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner as well as learned APP appearing on behalf of the

                   State.

                                2. At the very outset, learned APP appearing on behalf

                   of the State submits that the present anticipatory bail application

                   of the petitioner is not maintainable in view of the impugned

                   order. Para 7 of the impugned order reads as under:-

                                                           “Perused the case record as well as
                                              case diary. On perusal it transpires that the case
                                              instituted against unknown. The police after
                                              investigation    submitted      charge     sheet       no.
                                              65/2022 dated 15-02-2022 against accused
                                              Chhotu Kumar, Surendra Kumar and Jitendra
                                              Kumar as shown in column no. 11 of the charge
                                              sheet      and       investigation     supplementary
                                              investigation     continued     on     other     points.
Patna High Court CR. MISC. No.22122 of 2026(2) dt.08-04-2026
                                            2/3




                                  Thereafter supplementary case diary has been
                                  submitted and in para 13 of supplementary case
                                  diary it has been mentioned that the last order
                                  cum report 4 of S.P. Vaishali vide office letter
                                  no. 8203 dated 31-05-2022 has been received
                                  and it has been directed to close the
                                  investigation of the case and the investigation of
                                  the case in the light of such order the
                                  investigation was close. In the facts &
                                  circumstances the accused does not apprehends
                                  his arrest as such the bail application is
                                  rejected.”

                       3. Learned counsel for the petitioner submits that

          petitioner is not named in the F.I.R. and nothing incriminating

          has been recovered from his possession. Petitioner has never

          been put on TIP (Test Identification Parade) and from perusal of

          impugned order it clearly transpires that chargesheet has been

          submitted against other co-accused persons. Learned counsel

          further submits that further investigation against the petitioner

          has been directed to be closed by the S.P. Vaishali.

                       4. Keeping in view the aforesaid facts, this Court is of

          the considered opinion that the present anticipatory bail

          application is not maintainable, as there is no apprehension of

          arrest to the petitioner. However, if any cause of action arises,

          the petitioner shall be at liberty to file a fresh anticipatory bail

          application.
          Patna High Court CR. MISC. No.22122 of 2026(2) dt.08-04-2026
                                                      3/3




                                 Accordingly, the present anticipatory bail application

                    stands disposed of.



                                               (S. B. Pd. Singh, J)
Ankit Kumar/-

U


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