Patna High Court

Ranjan KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Ranjan Kumar, was arrested in connection with a robbery and assault case (PS Case No. 69 of 2025) under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023. He has been in custody since 12 August 2025 and has one prior criminal antecedent. The prosecution’s case is based on the testimony of a co‑accused, as the petitioner’s name does not appear in the FIR and no material was recovered from his possession. The petitioner argued that he was falsely implicated and that other co‑accused had already been granted bail, invoking the principle of parity. The court considered the length of custody, the lack of direct evidence against him, and the precedent of bail to co‑accused, and found no compelling reason to deny bail. Accordingly, the court ordered his release on bail with a bond of Rs. 15,000 and two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of his custody and prior antecedent.
Whether the petitioner’s implication solely on the basis of a co‑accused’s confessional statement warrants denial of bail.
Whether the principle of parity with co‑accused who have been granted bail applies to the petitioner.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 310(2)

Subjects

bail
criminal procedure
Section 310(2)
false implication
parity
co‑accused
bail bond
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80519 of 2025
                      Arising Out of PS. Case No.-69 Year-2025 Thana- ARIYARI District- Sheikhpura
                 ======================================================
                 Ranjan Kumar Son of Late Raj Kumar Yadav R/o Village- Afardih, P.S.-
                 Mahuli, District- Sheikhpura



                                                                                    ... ... Petitioner/s
                                                        Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :        Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   21-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Ariyari

                   P.S. Case No. 69 of 2025 instituted for the offence under Section

                   310(2) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in brief, is that on

                   28.05.2025, the informant and his cousin were waylaid by eight

                   unknown armed persons on motorcycles, who threatened them

                   at gunpoint and assaulted the informant. The accused persons

                   snatched his mobile phone, cash, identity documents, scooty

                   papers, and shop key, and fled towards village Diha.
Patna High Court CR. MISC. No.80519 of 2025(3) dt.21-01-2026
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                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 12.08.2025. Petitioner

          bears one criminal antecedent/s, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is not named in the FIR. Name of the petitioner

          has transpired on the basis of confessional statement of co-

          accused, namely, Shambhu Kumar. Nothing has been recovered

          from the conscious possession of the petitioner. Other co-

          accused have been granted bail by a Co-ordinate Bench of this

          Court, vide order dated 12.01.2026, passed in Cr. Misc. No.

          88252 of 2025.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner and claim based

          on parity, this Court is inclined to grant bail to the petitioner.

                  8.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Ariyari P.S. Case
           Patna High Court CR. MISC. No.80519 of 2025(3) dt.21-01-2026
                                                       3/3




                     No. 69 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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