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Patna High Court

Ranjan Kumar Ram @ Ranjan RamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

The petitioners, three residents of West Champaran, applied for anticipatory bail fearing arrest in a case (Sirisiya P.S. Case No.4 of 2025) involving offences under the Bharatiya Nagrik Suraksha Sanhita, 2023. They argued that the FIR was lodged four days after the alleged incident without explanation, the injury report did not substantiate the alleged injuries, and they had previously been cleared of similar accusations by the same informant’s family. The State opposed bail, contending that the injuries demonstrated the petitioners' participation in the assault. The court noted the FIR delay, the lack of corroborative medical evidence, the petitioners' prior exoneration, and the fact that co‑accused in similar circumstances had been granted anticipatory bail. Accordingly, the court ordered that the petitioners be released on anticipatory bail if arrested, subject to a Rs.10,000 bond, two sureties, and a family member as a bailor, under Section 482(2) of the BNS, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious charges under the BNS, 2023.
  • Whether the delay in filing the FIR and the lack of corroborative injury evidence justify granting bail.
  • Whether parity with co‑accused who obtained anticipatory bail mandates similar relief for the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • FIR delay
  • injury report
  • parity
  • Bharatiya Nagrik Suraksha Sanhita
  • criminal procedure
  • assault
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83857 of 2025
                    Arising Out of PS. Case No.-4 Year-2025 Thana- SIRISIYA District- West Champaran
                 ======================================================
           1.     Ranjan Kumar Ram @ Ranjan Ram Son of Horil Ram Resident of Village -
                  Khairwa Tola, Ward No, 1, P.S.- Chanpatia, District - West Champaran.
           2.    Pankaj Kumar @ Pankaj Ram Son of Moti Lal Ram Resident of Village -
                 Khairwa Tola, Ward No, 1, P.S.- Chanpatia, District - West Champaran.
           3.    Basant Kumar Ram @ Basant Ram Son of Late Chandi Ram @ Chadi Ram
                 Resident of Village - Khairwa Tola, Ward No, 1, P.S.- Chanpatia, District -
                 West Champaran.

                                                                                    ... ... Petitioner/s

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alexander Ashok, Adv.
                                                   Mr. Jawed Akhtar, Adv.
                 For the Opposite Party/s :        Mr.Rajendra Singh Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   06-01-2026                   Heard the parties.

                                 2. The petitioners apprehend their arrest in connection

                   with Sirisiya P.S. Case No.4 of 2025 registered for the offences

                   punishable under Sections 121, 121(A), 122, 126(2), 115(2),

                   118, 109, 74, 352, 351(2) and 3(5) of the BNS, 2023.

                                 3. In the evening of the fateful day, while the

                   informant along with his parents were sitting at their Darwaja,

                   in the meanwhile, eleven named accused persons, including the

                   petitioners variously armed came there and started assaulting.

                   There is specific accusation against petitioner No. 3, who

                   assaulted the informant along with co-accused Jitendra Ram,
Patna High Court CR. MISC. No.83857 of 2025(2) dt.06-01-2026
                                            2/4




          whereas petitioner No. 2 assaulted the mother of the informant

          due to which she sustained a cut injury in her finger. It is

          further alleged that petitioner Nos. 1 and 3 snatched the

          valuables, besides further allegation against other accused

          persons.

                       4. Learned Advocate for the petitioners taking this

          Court through the FIR has contended that the alleged occurrence

          took place on 01.01.2025; however, the present FIR came to be

          instituted on 05.01.2025 without any plausible explanation for

          delay. Moreover, the informant allegedly sustained injury by

          farsa and other weapons at the hands of petitioner no. 3 and

          various other accused persons; however, the injury report does

          not corroborate the allegation. On instruction, it is submitted

          that the injury sustained to the informant is simple in nature.

          The false implication of the petitioners in the present case is

          also writ large that they were earlier also implicated in four

          other cases at the hands of the parents and other family

          members of the informant, but in all the cases, the police have

          not sent up the petitioners for trial, on being found no material

          against them. It is further contended that other co-accused

          persons, who are facing identical allegation, have been allowed

          the anticipatory bail by this Court in Cr. Misc. No. 81251 of
Patna High Court CR. MISC. No.83857 of 2025(2) dt.06-01-2026
                                            3/4




          2025 vide         order dated 09.12.2025 and the case of the

          petitioners is based on parity.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          corresponding injuries to the injured clearly show the complicity

          of the petitioners in the crime.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the accusation against the petitioners, coupled with the delay

          in lodging of the FIR as well as the fact that in all the cases

          previously instituted by the parents of the informant, the

          petitioners were not sent up for trial on account of having been

          found no material, besides the fact that other co-accused

          persons, who are facing more or less similar allegation, have

          been allowed the privilege of anticipatory bail by this Court, let

          the petitioners abovenamed be released on bail, in the event of

          their arrest or surrender before the court below within a period

          of four weeks from the date of receipt/production of a copy of

          this order, upon furnishing bail bonds of Rs.10,000/- (ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of the learned             Chief Judicial Magistrate, West

          Champaran, Bettiah in connection with Sirisiya P.S. Case No.4
           Patna High Court CR. MISC. No.83857 of 2025(2) dt.06-01-2026
                                                       4/4




                     of 2025, subject to the conditions laid down in Section 482(2) of

                     the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further

                     condition that one of the bailors shall be the own/close family

                     members of the petitioners.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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