Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, finding no substantive evidence against him beyond mere suspicion.
Summary
The petitioner Ranjan Kumar was named in an FIR for alleged loot of Rs.2000, an Aadhaar card and a mobile phone, and was charged under Sections 304(2), 3(5) and later 317(2) of the Bhartiya Nyay Sanhita. He contended that he was implicated solely on the suspicion of a co-accused, Rohit Kumar, and that no incriminating material was found on his person, asserting a clean antecedent. The State opposed his application for anticipatory bail. The Court examined the factual matrix and noted that, apart from the co-accused’s confessional statement, there was no substantive evidence against the petitioner. Consequently, the Court ordered that the petitioner be granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties, and conditioned on surrender within four weeks, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations under the Bhartiya Nyay Sanhita.
- Whether the suspicion arising solely from a co-accused’s statement suffices to deny bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 304(2), 317(2), 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- bail bond
- suspicion
- clean antecedent
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40904 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- BHADAUR District- Patna
======================================================
Ranjan Kumar S/o Pavitar Yadav R/o Village - Pitaunjiya, P.S. - Bhadaur,
District - Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Bhadaur P.S.
Case No. 33 of 2026 registered for the offences punishable
under Sections 304(2) & 3(5) of the Bhartiya Nyay Sanhita,
2023 (in short, the ‘B.N.S.’) and later on section 317(2) of
the B.N.S. was added.
3. As per FIR, some unknown miscreants alleged to
commit loot upon informant and while committing so,
looted cash of Rs. 2000/-, Aadhar Card and mobile phone,
which belong to the informant and his friend during course
of occurrence.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.40904 of 2026(2) dt.24-06-2026
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petitioner submitted that the petitioner was in inimical terms
with apprehended co-accused namely, Rohit Kumar and,
therefore, when Rohit Kumar was apprehended by police in
connection with present case, he named this petitioner and
out of that suspicion only, this petitioner was implicated
with the present case. It is submitted that nothing
incriminating was recovered from the conscious possession
of this petitioner. Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and
by taking note of the fact as except suspicion out of
confessional statement of apprehended co-accused prima
facie nothing appears available against this petitioner, who
is a man of clean antecedent, accordingly, above-named
petitioner, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate - 1 st
Class, Barh, Patna/concerned court in connection with
Patna High Court CR. MISC. No.40904 of 2026(2) dt.24-06-2026
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Bhadaur P.S. Case No. 33 of 2026, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C/Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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