Patna High Court
Shashi RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as no prima facie case existed and the investigation was complete.
Summary
The petitioner, Shashi Ranjan, was arrested in connection with a bank dacoity and the murder of two constables, alleged under IPC Section 396 and Arms Act Section 27. He was not named in the FIR; his name emerged from a co-accused's confessional statement, and no incriminating material directly linked him to the crime. The petitioner had not been subjected to a Test Identification Parade and claimed a clean antecedent, while co-accused had already been granted bail. The State opposed bail, but the court found no prima facie case and noted that the investigation was complete, eliminating risk of evidence tampering. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) B.N.S.S.
Issues considered
- Whether there is a prima facie case against the petitioner to justify denial of bail
- Whether the completion of investigation negates the risk of evidence tampering
- Whether the petitioner is entitled to bail under Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nyaya Suraksha Sanhita
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 396
Subjects
- bail
- dacoity
- arms act
- investigation completed
- prima facie case
- test identification parade
- Section 437 CrPC
- Section 480 B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72260 of 2025
Arising Out of PS. Case No.-269 Year-2023 Thana- SONEPUR District- Saran
======================================================
Shashi Ranjan, S/o- Manoj Bhagat @ Manoj Bhakt, R/o Village-Mathurapur,
P.S.-Sahebganj, Dist-Muzaffarpur
... ... Petitioner
Versus
The State of Bihar Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 05-02-2026 Heard learned counsel appearing on
behalf of the petitioner and learned A.P.P. for the
State.
2. Petitioner seeks bail in connection with
Session Trial No. 614 of 2023 arising out of
Sonepur P.S. Case No. 269 of 2023 registered for
the offences under Sections 396 of the Indian Penal
Code and Section 27 of the Arms Act.
3. The petitioner is not named in the First
Information Report and is in custody since
12.07.2023.
4. Allegation against the petitioner is to
commit dacoity in Bank alongwith other co-
accused persons and while committing so, opened
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indiscriminate firing upon two constables, who
were deputed for security causing their death on
spot and looted away cash of Rs. 13,28,197/-.
5. It is submitted by learned counsel
appearing on behalf of the petitioner that name of
the petitioner transpired during course of
investigation on the basis of confessional
statement of co-accused Md. Jasmin, where in
furtherance of said confessional statement, no
incriminating material recovered/surfaced during
course of investigation as to connect petitioner
prima-facie with the present occurrence of dacoity
and murder.
6. It is submitted that petitioner was not
put on Test Identification Parade as yet. Petitioner
is a man of clean antecedent.
7. It is further submitted that similarly
situated co-accused persons namely, Sukhari Rai
@ Raja Babu and Gautam Kumar have already
granted bail by one of the learned coordinate
Bench of this Court through Cr. Misc. No.
72531/2023 dated 07.02.2024 and Cr. Misc. No.
Patna High Court CR. MISC. No.72260 of 2025(2) dt.05-02-2026
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2310/2024 dated 26.04.2024 respectively. While
concluding argument, learned counsel submitted
that investigation of this case is completed and as
such, there is no chance of tampering with the
evidence.
8. Learned A.P.P. for the State has opposed
the prayer for bail of the petitioner.
9. In view of the facts and circumstances
as save and except suspicion, nothing appears
prima-facie against this petitioner qua his
involvement with present occurrence of dacoity
and murder, coupled with the fact that
investigation of this case is already completed,
where petitioner is in custody since 12.07.2025,
accordingly, above-named petitioner is directed to
be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand only) with two
sureties of the like amount each to the satisfaction
of learned 4th Additional Sessions Judge, Saran at
Chapra at Saran/concerned court, in connection
with Sonepur P.S. Case No. 269 of 2023, subject to
the condition as laid down under Section 437 (3)
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Cr.P.C/Section 480(3) of the Bhartiya Nyaya
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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