Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing a bond of Rs 10,000 with two sureties under Section 482(2) of the BNSS.
Summary
Ranjan Kumar was charged in Complaint No. 5494(C)/2021 for alleged offences including assault, robbery and offences under the Prevention of Witch (Dain) Practices Act, with the prosecution alleging he snatched a golden chain. The petitioner contended that the allegations were false, arising from a neighbourhood dispute between agnates, and that he had a clean antecedent. He argued that the injury to the complainant was simple and that the case was essentially a free‑fight, warranting bail. The Additional Public Prosecutor opposed bail, but the court, after considering the factual submissions, held that the matter was a trivial dispute and directed that the petitioner be released on bail. Accordingly, the court ordered bail on a bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the allegations constitute a false or frivolous complaint arising from a neighbourhood dispute.
- Whether the injury sustained by the complainant is simple enough to justify bail.
- Whether Section 482(2) of the BNSS can be invoked to grant bail in this case.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Indian Penal Code — s. 307/34, 323, 341, 342, 354, 379, 380, 448, 452
Subjects
- bail
- criminal miscellaneous petition
- IPC offences
- false allegation
- neighbourhood dispute
- agnates
- Prevention of Witch Practices Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68699 of 2025
Arising Out of PS. Case No.-5494 Year-2021 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Ranjan Kumar S/o Shrawan Kumar R/o Mohalla - New Jaganpura, Narayan
Singh Market, P.S - Ram Krishna Nagar, District – Patna. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Manoj Kumar S/o Nageshwar Singh R/o Mohalla - New Jaganpura, Narayan
Singh Market, P.S - Ram Krishna Nagar, District – Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Jha, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 29-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner apprehending his arrest
in connection with Complaint Case No. 5494(C)/2021
registered for the offences punishable under Sections 323,
341, 342, 379, 380, 448, 452, 354, 307/34 of the Indian
Penal Code and Sections 3, 4 and 5 of Prevention of Witch
(Dain) Practices Act.
3. As per complaint case, the petitioner alleged to
snatch the golden chain during the course of occurrence.
4. It is submitted by learned counsel appearing on
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behalf of the petitioner that just to aggravate the allegation,
the present false allegation was raised against petitioner. It is
pointed out that the accused who alleged to assault the
complainant during the course of occurrence was granted bail
by the learned trial court itself, as the nature of injury upon
medical examination was found simple in nature.
5. Arguing further, it is submitted that counter case
was also lodged by petitioner’s side and the dispute surfaced
out of neighbourhood disputes and differences, where parties
are the agnates. Petitioner claimed clean antecedent.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact as the occurrence is free fight in nature
being agnates out of trivial issues, accordingly, above named
petitioner, in the event of his arrest or surrender before the
learned trial Court, within a period of four weeks of the order,
is directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional
Sessions Judge-1st, Patna/concerned Court, where the case is
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pending in connection with Complaint Case No.
5494(C)/2021 subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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