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Patna High Court

Rajan Kumar @ Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted where the FIR is founded merely on apprehension and the accused has a clean antecedent, provided standard bail conditions are imposed.

Summary

The petition petitioner, Rajan Kumar, was implicated in a FIR alleging offences under Sections 406, 420, 341, 365, 504 and 506/34 of the IPC based on the complainant Sita Devi’s apprehension that her son was missing after a dispute over unpaid wages. The petitioner contended that he had no involvement, pointing out discrepancies between the victim’s statement and the FIR regarding the dates of the alleged incident, and highlighted his clean antecedent. The State opposed the grant of anticipatory bail but acknowledged that the victim had returned home. The Court examined whether the FIR, being founded merely on apprehension and lacking substantive evidence, justified denial of bail. Considering the victim’s return, the lack of concrete proof, and the petitioner’s clean record, the Court decided to grant anticipatory bail. The order imposed standard bail conditions and directed compliance with Section 482(2) of the B.N.S.S. 2023.

Issues considered

  • Whether anticipatory bail can be granted when the FIR is based solely on apprehension and lacks substantive evidence
  • Whether the petitioner’s clean antecedent and the victim’s return home justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • clean antecedent
  • Section 482
  • Criminal Procedure
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2901 of 2026
                      Arising Out of PS. Case No.-444 Year-2023 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Rajan Kumar @ Ranjan Kumar S/o Lakhindra Sah R/o Vill- Raksa Purvi
                 Tola, P.S.- Panapur, District- Muzaffarpur
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manoj Kumar, Adv.
                 For the Opposite Party/s :        Ms.Pushpa Sinha,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   20-02-2026                       Heard Mr. Manoj Kumar, learned counsel for the

                   petitioner and the learned APP for the State.

                                2. This application for grant of anticipatory bail arises

                   out of Karja Police Station Case No. 444 of 2023 dated

                   23.12.2023, disclosing the offence under Sections 406, 420,

                   341, 365, 504, 506/34 of the IPC lodged by the informant, Sita

                   Devi.

                                3. As per the prosecution case, the informant alleged

                   that she and her son, namely, Ranjit Kumar used to work in the

                   Kurkure Factory located in Raksa and sometimes, she used to

                   go to the factory vehicle to load and unload the factory goods.

                   Her son Ranjit Kumar's salary of two months was pending. On

                   demanding the same, the factory owner used to postpone the

                   salary by adopting dilly-dallying tactics. On 03.12.2023, till

                   evening her son did not return to home, so, on 4.12.2023, in the
Patna High Court CR. MISC. No.2901 of 2026(3) dt.20-02-2026
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          morning, she went to the factory in search of her son. When the

          factory owners 1. Ranjan Kumar (petitioner herein), 2. Tipu

          Kumar, 3. Rajesh Kumar were inquired regarding whereabouts

          of her son, then all of them pretended to know nothing rather

          abused and pushed her away. Accordingly, the present FIR.

          4. Learned counsel for the petitioner submits that the petitioner

          has not committed any offence as alleged in the FIR and he has

          falsely been implicated in this case only on the basis of

          apprehension which would be evident from the narration of the

          FIR itself. He further submits by referring to the statements

          recorded by the victim, Ranjit Kumar on his return from Tamil

          Nadu and the FIR which is said to have been lodged by his

          mother/informant, there is discrepancy on the dates which

          according to the informant’s statement, her son was missing

          since 03.12.2023 while as per the statement recorded by the

          victim, he was at his home till 04.12.2023, from-where the

          petitioner is said to have taken the victim to Tamil Nadu.

          Petitioner has got clean antecedent as stated in the paragraph-4

          of the present petition.

                           5. On the other hand, learned APP opposes the

          prayer for anticipatory bail of the petitioner but concedes that

          the victim boy has returned to his home.
Patna High Court CR. MISC. No.2901 of 2026(3) dt.20-02-2026
                                            3/4




                           6.    Considering the fact that the FIR has been

          lodged only on the basis of apprehension, the victim has

          returned to his home and the petitioner has got clean antecedent,

          this Court is inclined to grant the petitioners the privilege of

          anticipatory bail.

                           7. This application for anticipatory bail is,

          accordingly, allowed.

                           8. Let the petitioner, named above, in the event of

          their arrest or surrender before the Court below within six weeks

          from today, be released on bail on furnishing bail bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Judicial Magistrate 1st Class,

          West Muzaffarpur in connection with aforesaid Police Station

          Case subject to the condition as laid down under Section 482 (2)

          of the B.N.S.S. 2023, as well as the following conditions:-

                                                       (i) one of the bailors should
                                          be the family member/relative of the
                                          petitioner(s) who shall provide official
                                          document to show his/her bona fide;
                                                       (ii) the petitioner(s) shall
                                          appear on each and every date before
                                          the Trial Court and failure to do so for
                                          two       consecutive        dates    without
                                          plausible           reason     will    entail
                                          cancellation of his bail bond by the
          Patna High Court CR. MISC. No.2901 of 2026(3) dt.20-02-2026
                                                      4/4




                                                    Trial Court itself;
                                                                 (iii) the petitioner(s) shall in
                                                    no way try to induce or promise or
                                                    threat the witnesses or tamper with the
                                                    evidences, failing which the State shall
                                                    be at liberty to take steps for
                                                    cancellation of the bail
                                                                 (iv) the petitioner(s) shall
                                                    desist from committing any criminal
                                                    offence again, failing which the State
                                                    shall be at liberty to take steps for
                                                    cancellation of his/her bail bonds.



                                                  (Ajit Kumar, J)
    perwez

U     T


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