Patna High Court
Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
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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