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Patna High Court

Ravi Ranjan ThakurversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is not maintainable where the applicant has already filed a surrender‑cum‑bail petition after being released on personal bond.

Summary

The petitioner, Ravi Ranjan Thakur, applied for anticipatory bail in a case involving alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act. The informant contended that the petitioner had already been released on personal bond and had filed a surrender‑cum‑bail petition, making a fresh anticipatory bail application untenable. The district court had dismissed the anticipatory bail on this ground, and the petitioner could not refute the informant’s claim. The High Court examined the procedural history and agreed that the anticipatory bail was not maintainable after a surrender‑cum‑bail filing. Consequently, the court dismissed the anticipatory bail application.

Issues considered

  • Whether an anticipatory bail application is maintainable when the applicant has already been released on personal bond and has filed a surrender‑cum‑bail petition.

Legislation cited

Subjects

  • anticipatory bail
  • surrender‑cum‑bail
  • maintainability
  • criminal procedure
  • bail jurisprudence
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39371 of 2026
                       Arising Out of PS. Case No.-15 Year-2026 Thana- Bahoranpur District- Bhojpur
                 ======================================================
                 Ravi Ranjan Thakur S/o- Late Ramakant Thakur R/Village- Goura PS-
                 Bahoranpur District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Kumar
                 For the Opposite Party/s :        Mr.Rajiv Nayan, APP
                                                   Mr. Piyush Kumar Pandey, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State and learned counsel appearing on

                   behalf of the informant.

                             2.     The petitioner apprehends his arrest in connection

                   with Bahoranpur PS Case No. 15 of 2026, registered for the

                   offences punishable under Sections 109, 352, 351(2) and 3(5)

                   of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                             3.     Learned counsel appearing on behalf of the

                   informant submits that there is no infirmity or illegality in the

                   order impugned in the instant anticipatory bail application. It is

                   next submitted that the learned district court rejected the

                   anticipatory bail of the petitioner holding that the same is not

                   maintainable in view of peculiar facts of the case. It is further
Patna High Court CR. MISC. No.39371 of 2026(2) dt.24-06-2026
                                            2/3




          submitted that informant alleges that on 4-3-2026 at 9 PM, the

          petitioner, Vishal and Krishna along with three unknown

          accused came and started abusing and threatening, on objection

          petitioner and Vishal fired but the firing made by the petitioner

          caused injury to the informant on his arm. It is next submitted

          that petitioner along with Vishal and Krishna were arrested by

          the police and were produced before the learned Magistrate and

          the learned Magistrate finding the case to be suspicious released

          the petitioner and other two accused on PR bonds of Rs.

          20,000/- with a direction that they should seek bail. It is further

          submitted that from perusal of the order impugned, it would

          manifest that the same records that a surrender-cum-bail petition

          on behalf of the petitioner was filed on 9-3-2026. It is thus

          submitted that it appears that after the petitioner was released on

          PR bond, he filed surrender-cum-bail application on 9-3-2026.

          It is further submitted that despite such clear recording in the

          order impugned about filing of surrender-cum-bail petition by

          the petitioner on 9-3-2026, the petitioner in the instant

          anticipatory bail application has not even remotely whispered

          that whether petitioner had filed the aforesaid application or not.

          It is reiterated and submitted that petitioner was arrested, was

          produced before the learned Magistrate, was released on PR
              Patna High Court CR. MISC. No.39371 of 2026(2) dt.24-06-2026
                                                          3/3




                        bond and thereafter the petitioner filed surrender-cum-bail

                        application, as such the anticipatory bail application was rightly

                        held not maintainable by the learned district court.

                                 4.     Learned appearing on behalf of the petitioner is not

                        in a position to rebut the said submission of the learned counsel

                        appearing on behalf of the informant that petitioner was released

                        on PR bond and thereafter surrender-cum-bail application was

                        filed before the learned District Court.

                                 5.     After hearing the learned counsel for the parties,

                        the Court is in agreement with the submission of the learned

                        counsel for the informant, thus finds no merit in the instant

                        anticipatory bail application as such the same is dismissed.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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