Created by Fuzzy Cloud

Patna High Court

Ranjan Das @ Ranjan Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail as the allegations are based only on suspicion and no substantive material has been produced, subject to prescribed conditions.

Summary

The petitioner, Ranjan Das, was arrested on 14‑02‑2025 in connection with a FIR dated 18‑08‑2025 relating to an alleged assault and firing of bullets at a construction site, alleged under several sections of the Bihar National Security Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that seven unknown persons carried out the attack, but the petitioner contended that he was not named in the FIR and was implicated only on suspicion, with no further investigative material or TIP presented. The State opposed bail, noting that the petitioner had another pending case. The Court, after considering the lack of substantive evidence against the petitioner and the prolonged period of custody, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was granted despite the State’s objections.

Issues considered

  • Whether bail should be granted to the petitioner in the absence of concrete evidence and solely on the basis of suspicion.
  • Whether the petitioner’s involvement in another pending case precludes the grant of bail in the present matter.
  • Whether the provisions of the Bihar National Security Act, 2023 and the Arms Act justify continued detention without a detailed investigation.

Legislation cited

Subjects

  • bail
  • suspicion
  • Bihar National Security Act
  • Arms Act
  • criminal antecedent
  • provisional detention
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5435 of 2026
                         Arising Out of PS. Case No.-271 Year-2024 Thana- GURUA District- Gaya
                 ======================================================
                 Ranjan Das @ Ranjan Kumar Das Son of Suresh Das @ Suresh Ravidas
                 Resident of Village - Tula Bigha, Police Station - Gurua, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard Mr. Aryan Singh, learned counsel for the

                   petitioner and Mr. Md. Fahimuddin, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   14.02.2025 in connection with Gurua P.S. Case No. 271 of

                   2024, F.I.R. dated 18.08.2025 for the offences punishable under

                   Sections 191(2), 191(3), 190, 127(1), 115(2), 118(2) and 109 of

                   the B.N.S., 2023 and Section 27 of the Arms Act.

                                3. According to prosecution case, seven unknown

                   accused persons arrived at the construction site of the informant

                   and assaulted two of the named labours and further fired six

                   rounds of bullets.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has not committed any offence as
Patna High Court CR. MISC. No.5435 of 2026(2) dt.29-01-2026
                                            2/3




          alleged in the F.I.R. From a bare perusal of F.I.R., it appears that

          the petitioner is not named in the F.I.R. and the name of the

          petitioner has been transpired in the present case on the basis of

          suspicion and except suspicion no any other material has come

          during investigation to suggest the involvement of the petitioner

          in the present occurrence and till date no TIP has been

          conducted by the prosecution and the Police after investigation,

          submitted chargesheet against the petitioner and the petitioner is

          in custody since 14.02.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner carries one more case other than the present one and

          that case is pending for consideration before the competent

          court of law.

                       6. Considering the aforesaid facts and circumstances

          and also the period of custody of the petitioner, let the petitioner,

          above named, 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 the learned Judicial Magistrate, First

          Class, Gaya in connection with Gurua P.S. Case No. 271 of

          2024, with the following conditions:

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.5435 of 2026(2) dt.29-01-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.