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Patna High Court

Ranjeet kumar @ Ranjeet RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to petitioners 2 and 4 due to specific accusations, while bail was granted to petitioners 1, 3, 5 and 6 subject to bond and surety conditions under Section 482.

Summary

The petitioners, six members of the Rai family, filed an anticipatory bail application fearing arrest in a case registered under multiple sections of the Bihar Negotiable... Act, 2023. They claimed the FIR was lodged two days after the alleged incident without explanation and that the allegations of assault were vague, asserting they were victims of false implication and have clean antecedents. The State opposed bail, contending that petitioners 2 and 4 were specifically accused of abducting the informant’s daughter and assaulting the informant and her husband with a sharp weapon and iron rod. The High Court held that because the FIR contained specific accusations against petitioners 2 and 4, anticipatory bail could not be granted to them, while the remaining petitioners faced only general, omnibus allegations and were therefore released on bail with a bond of Rs 10,000 and two sureties, subject to Section 482 conditions. The application was disposed of accordingly.

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains specific accusations against the accused
  • Whether general and omnibus allegations in the FIR preclude the grant of anticipatory bail
  • Whether the delay in lodging the FIR affects the consideration of anticipatory bail

Subjects

  • anticipatory bail
  • false implication
  • FIR delay
  • general allegation
  • specific accusation
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7142 of 2026
                   Arising Out of PS. Case No.-227 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
           1.     Ranjeet kumar @ Ranjeet Rai Son of Pargan Rai @ Pragan Ray Resident of
                  Village - Bairiya, P.S. - Kesariya, Distt. - East Champaran.
           2.    Rajesh Rai @ Rajesh Ray Son of Pargan Rai @ Pargan Ray Resident of
                 Village - Bairiya, P.S. - Kesariya, Distt. - East Champaran.
           3.    Ramesh Rai @ Ramesh Kumar Son of Pargan Rai @ Pargan Ray Resident
                 of Village - Bairiya, P.S. - Kesariya, Distt. - East Champaran.
           4.    Pargan Rai @ Pargan Ray Son of Jagdeo Rai @ Jagdev Ray Resident of
                 Village - Bairiya, P.S. - Kesariya, Distt. - East Champaran.
           5.    Mangita Kumari @ Manjita Kumari D/o Pargan Rai @ Pargan Ray Resident
                 of Village - Bairiya, P.S. - Kesariya, Distt. - East Champaran.
           6.     Kunti Devi Wife of Pargan Rai @ Pargan Ray Resident of Village - Bairiya,
                  P.S. - Kesariya, Distt. - East Champaran.
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Chandra Verma & Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                   Heard Mr. Umesh Chandra Verma, learned counsel

                   for the petitioners and Mr. Pramod Kumar Pandey, learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 189(2), 126(2), 115(2),

                   118(1), 303(2), 352, 190, 109, 87 of the B.N.S., 2023.

                                3. Allegation against petitioners is that they abused

                   informant & her husband in filthy language and thereafter,

                   assaulted them with iron rod.
Patna High Court CR. MISC. No.7142 of 2026(2) dt.19-02-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners are simply victim of false implication. F.I.R. has

          been lodged after a delay of 2 days without any plausible

          explanation of delay. Allegation of assault is general & omnibus.

          Petitioners claim clean antecedent.

                       5. Learned A.P.P. vehemently opposes the prayer for

          anticipatory bail and submits that petitioners are named in the

          F.I.R. with specific accusation that petitioner no. 1 abducted

          daughter of informant and when informant & her husband went

          to house of petitioners to ask about their daughter, they were

          abused by accused petitioners and thereafter, petitioner no. 2 &

          4 assaulted informant & her husband with sharp cutting weapon

          & iron rod, causing several injuries to them.

                       6. Considering the same, the prayer for anticipatory

          bail of petitioner nos. 2 & 4 namely Rajesh Rai and Pargan Rai

          is rejected.

                       7. So far as rest petitioners are concerned, there is

          general & omnibus allegation and no specific overt act has been

          alleged, in the event of arrest/surrender within a period of eight

          weeks from today, let the petitioner nos. 1, 3, 5 & 6, as named

          above, be enlarged on bail on furnishing bail-bonds of Rs.

          10,000/- (ten thousand) each with two sureties of the like
           Patna High Court CR. MISC. No.7142 of 2026(2) dt.19-02-2026
                                                       3/3




                     amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Motihari (East Champaran) in connection with

                     Kesariya P.S. Case No. 227 of 2025, subject to condition as laid

                     down under Section 482 of the B.N.S.S., 2023.

                                  8. This application is, accordingly, disposed of.



                                                         (Prabhat Kumar Singh, J)
anay

U      T


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