Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Ranjan Kumar, was arrested in connection with a 2019 case (Harnaut PS No.503) alleging kidnapping and dacoity under IPC sections 363, 365 and 34. The informant claimed her husband, a professional driver, went missing after a phone call on 22‑11‑2019 and alleged that the petitioner and another person threatened to kidnap him. The prosecution’s material consists only of statements that the petitioner was last seen with the missing husband and that the petitioner is on hostile terms with the witnesses; no direct evidence links him to the alleged crime. The petitioner contended that he was falsely implicated and has cooperated with the investigation while in custody since 19‑08‑2025. The court, after noting the absence of direct incriminating material and the petitioner’s prolonged detention, ordered regular bail on a bond of Rs.10,000 with two sureties and imposed conditions of cooperation and appearance before the investigating officer.
Issues considered
- What is the appropriate bail disposition when the accused is charged under IPC sections 363, 365 and 34 but lacks direct evidentiary material?
- Whether the petitioner’s prolonged pre‑trial custody justifies the grant of regular bail?
Legislation cited
- Indian Penal Code — s. 34, 363, 365
Subjects
- bail
- Indian Penal Code
- kidnapping
- dacoity
- regular bail
- criminal procedure
- pre‑trial detention
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78569 of 2025
Arising Out of PS. Case No.-503 Year-2019 Thana- HARNAUT District- Nalanda
======================================================
Ranjan Kumar, Son of Mr. Shrawan Sao, Resident of Village- Gautam Nagar
P.S.- Harnaut, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Harnaut P.S. Case
no.503 of 2019, registered under sections 363, 365 and 34 of the
Indian Penal Code.
3. As per the prosecution case, the informant states
that her husband who drives vehicles professionally, called up
on 22.11.2019 at 8:30 p.m. to inform that he would be returning
soon. Thereafter, it is stated that on his not returning till
1.12.2019, she started to make inquiries. He has still not
returned. She finally states that the petitioner herein and one
another had threatened that they would kidnap him.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Admittedly the
Patna High Court CR. MISC. No.78569 of 2025(4) dt.11-02-2026
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petitioner is not an eye witness to the occurrence. Even in
course of investigation the only material that has transpired
against the petitioner is that as per the witnesses named in
paragraph nos.7 and 8 of the case diary, the petitioner was last
seen with the husband of the informant. Referring to the
contents of paragraph no.16 of the petition it is submitted that
the petitioner is on inimical terms with the witnesses whose
statements have been recorded in paragraph nos.7 and 8 of the
case diary. The petitioner is in custody since 19.8.2025 and
undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State, however it is not disputed that there is no
direct material against the petitioner to connect him with the
disappearance of the husband of the informant.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R, the
material that has transpired in course of investigation and the
petitioner having remained in custody since 19.8.2025, the
petitioner is directed to be enlarged on bail in connection with
Harnaut P.S. Case no.503 of 2019, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Patna High Court CR. MISC. No.78569 of 2025(4) dt.11-02-2026
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Judicial Magistrate Ist, Nalanda, Biharsharif on the following
conditions :-
(I) The petitioner shall make himself available to the
Investigating Officer as and when required, shall remain
properly represented in the learned trial Court on each date of
the case/trial and shall cooperate in the trial.
(II) In case, the learned Court below is of the opinion
that the case/trial is being delayed due to non-cooperation on
part of the petitioner, the learned Court below may cancel the
bail bond of the petitioner and take him into custody till
conclusion of the trial.
(Partha Sarthy, J)
avinash/-
U T
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