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Patna High Court

Ranjit RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner, subject to verification of his antecedent, under Section 482(2) of the BNSS.

Summary

The petitioner, Ranjit Rai, feared arrest in a case registered under Sections 103, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, where the FIR alleged that Bhullu Rai threatened an informant to marry her and subsequently killed the informant's three‑year‑old son. The petitioner was not named in the FIR; his name appeared only in Bhullu Rai's confessional statement, which the court held to have no evidentiary value. Ranjit Rai sought anticipatory bail on the basis of parity with a co‑accused, Om Kumar, who had been granted such relief. The State opposed the relief. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 and two sureties, and ordered verification of the petitioner’s criminal antecedent before confirming the bail. If any antecedent is found, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita despite not being named in the FIR.
  • Whether the confessional statement of Bhullu Rai can be used to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • provisional bail
  • parity principle
  • clean antecedent
  • confessional statement
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73263 of 2025
                     Arising Out of PS. Case No.-315 Year-2024 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Ranjit Rai S/o Nandu Rai R/o Village - Jafrabad, P.S - Rustampur, District -
                 Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Soni Kumari
                 For the Opposite Party/s :       Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-02-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 103, 61(2)

                   and 3(5) of the Bharatiya Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent. It is next submitted

                   that in sum and substance the allegation in the FIR is that Bhullu

                   Rai was extending threat to the informant to marry him failing

                   which her son would be killed and on refusal of the informant to

                   marry Bhullu Rai, Bhullu Rai killed her three year old minor

                   son.

                             4.    Learned counsel for the petitioner submits that

                   petitioner is not named in the FIR and his name transpired in the
Patna High Court CR. MISC. No.73263 of 2025(2) dt.11-02-2026
                                            2/3




          confessional statement of Bhullu Rai in police custody, which

          does not have any evidentiary value. It is next submitted that

          similarly situated co-accused Om Kumar had approached this

          Court seeking anticipatory bail by filing Cr. Misc No. 57935 of

          2025 and the same came to be allowed by an order dated 27-8-

          2025 by a learned co-ordinate bench. The learned counsel thus

          based on parity seeks anticipatory bail.

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

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned trial court where the case is pending/successor court

          in connection with Raghopur P.S. Case No. 315 of 2024 subject to the

          conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.73263 of 2025(2) dt.11-02-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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