Patna High Court
RANJAY SINGH @ RANJAY KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to bond, sureties and statutory conditions.
Summary
The petitioners, Ranjay Singh and Arbaj Gaddi, sought anticipatory bail in a case registered under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, alleging that the FIR was lodged thirteen days after the alleged incident and that the death of the informant's father was not supported by any injury in the inquest or post‑mortem report. The FIR alleged that Kabran Gaddi assaulted the deceased with an iron rod, leading to his death, but the petitioners were not specifically named as assailants. The State opposed the bail, but the court noted the inordinate delay, lack of specific allegation against the petitioners, and absence of corroborating medical evidence. Consequently, the court granted anticipatory bail subject to a cash bond of Rs.10,000 each, two sureties, and compliance with Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023, with a condition to cooperate with the investigation. The bail order is effective for four weeks from the date of surrender or arrest.
Issues considered
- Whether anticipatory bail should be granted when the FIR is lodged after a significant delay.
- Whether the lack of specific allegation against the petitioners and absence of injury evidence preclude the prosecution.
- Whether conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S. can be imposed on anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- delay in FIR
- section 438 CrPC
- section 482 B.N.S.S
- criminal procedure
- Bihar Narcotic Substances Act
- injury evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 7494 of 2026
Arising Out of PS. Case No.-528 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
1. Ranjay Singh @ Ranjay Kumar Singh S/o Mohan Singh Resident of village-
Chaita, ward no 04, PS- Majhauliya, District- West Champaran
2. Arbaj Gaddi @ Arbaj Alam S/o Manoj Gaddi Resident of village- Chaita,
ward no 04, PS- Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Advocate
Mr. Abhay Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard Mr. Sujeet Kumar, the learned counsel for the
petitioners assisted by Mr. Abhay Kumar Mishra, the learned
advocate and Mr. Anant Kumar 1, the learned A.P.P. for the
State.
2. The petitioners apprehend their arrest in a case
registered under Sections 103(1) and 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that the accused persons committed theft in the temple which
was objected by the informant’s father and upon such protest co-
accused, Kabran Gaddi, assaulted by means of iron rod on the
stomach of the father of the informant whereafter others also
assaulted by means of fists and slaps causing injuries to him
Patna High Court CR. MISC. No. 7494 of 2026(2) dt.04-02-2026
2/3
who subsequently died.
4. Learned counsel for the petitioners submits that it
would be evident from the First Information Report itself that
the same has been lodged after inordinate delay in as much as
while the occurrence is said to have taken place on 26.07.2025,
the present F.I.R. came to be lodged on 09.08.2025 that is after a
delay of thirteen days for which no explanation has been
tendered. It is also mentioned in the First Information Report
that the informant’s father i.e. the deceased was taken to the
hospital for treatment and he was discharged on the same day
i.e. on 26.07.2025 and thereafter the present case came to be
lodged only after the death of the deceased which took place on
09.08.2025. It is further submitted that the main allegation of
assaulting the deceased by iron rod was on Kabran Gaddi.
However, no such injuries is also indicated either in the inquest
report or in the postmortem report.
5. The application for anticipatory bail is opposed
by learned A. P.P. for the State.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is no
specific allegation of assault upon the present petitioners,
coupled with the fact of inordinate delay in the F.I.R and the
Patna High Court CR. MISC. No. 7494 of 2026(2) dt.04-02-2026
3/3
postmortem report also not indicating injuries, let the
petitioners, in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Majhaulia P.S. Case No.
528 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending subject to the condition laid down under Section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
B.N.S.S, 2023, subject to the conditions that the petitioners
would cooperate in the investigation.
(Soni Shrivastava, J)
vashudha/-
U T
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