Patna High Court
Ranjeet kumar @ Ranjeet RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
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
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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
2/3
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
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