Patna High Court
Ravi Ranjan ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 3(5), 351(2), 352
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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