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Patna High Court

Ranjit RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application conditionally under Section 438(2) of the CrPC.

Summary

The petitioner, Ranjit Rai, applied for anticipatory bail anticipating arrest in a case involving offences under Sections 341, 323, 307, 354, 504, 506 and 34 of the Indian Penal Code and Sections 37(b)(c) of the Excise Act. He alleged that the informant, his aunt, fabricated the complaint due to a property dispute and that the actual assault was carried out by an intoxicated Sujeet Singh, who is his brother. The petitioner claimed a clean antecedent, while the State opposed the bail. The Court, applying Section 438(2) of the CrPC, granted provisional anticipatory bail on the condition of furnishing bail bonds of Rs.500 with two sureties and directed verification of his criminal antecedent. If any prior case is found, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite serious charges under the IPC and Excise Act.
  • Whether the petitioner has a clean criminal antecedent warranting bail.
  • Whether the allegations against the petitioner are false and stem from a property dispute.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC offences
  • false implication
  • property dispute
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84116 of 2025
                         Arising Out of PS. Case No.-547 Year-2022 Thana- MANER District- Patna
                 ======================================================
                 Ranjit Rai, Son of Rudal Rai Village- Beapur, Po- Beapur, P.S.- Maner,
                 District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar
                 For the Opposite Party/s :        Mr.Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 341, 323, 307, 354, 504, 506 and 34 of the I.P.C. and

                   Sections 37(b)(c) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   informant alleges that on 07.08.2022 at around 11.30 P.M.,

                   Sujeet Singh along with petitioner started abusing her in an

                   intoxicated condition and when she objected they started

                   assaulting her with sticks, bricks and stones causing injury.

                                4. The learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.84116 of 2025(2) dt.05-01-2026
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          informant. It is next submitted that informant is own aunt of the

          petitioner and is having dispute relating to property. It is further

          submitted that Sujeet was apprehended who was found in an

          intoxicated condition and the informant took the same as an

          opportunity to implicate the petitioner in the instant case as both

          are brothers.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of the learned Trial Court

          where the case is pending/successor Court in connection with

          Maner P. S. Case No.547 of 2022, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.84116 of 2025(2) dt.05-01-2026
                                                           3/3




                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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