Patna High Court
Ranjan Kumar Ram @ Ranjan RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 118, 121, 121(A), 122, 126(2), 3(5), 351(2), 352, 482(2), 74
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
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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
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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
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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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