Patna High Court
Ranjeet Kumar @ Ranjeet YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties, and specific conditions.
Summary
The petitioner, Ranjeet Kumar (also known as Ranjeet Yadav), was arrested on 24 March 2025 in connection with PS Case No. 19 of 2025 for alleged offences under Sections 140(3) and 3(5) of the Bihar Narcotic Substances Act. The prosecution’s case is based on the complaint of an informant whose husband allegedly went missing after being taken by two persons, and the informant is not an eye‑witness to the alleged crime. The petitioner’s counsel argued that the FIR shows only suspicion, that no material evidence links the petitioner to the crime, and that co‑accused have already been granted bail. The Additional Public Prosecutor opposed bail but also conceded the lack of cogent material, noting the petitioner’s two prior cases for which he is already on bail. The court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail when the investigation has yielded no substantive material linking the accused to the alleged offence?
- Does the petitioner’s prior criminal antecedent affect the grant of bail in the present case?
Legislation cited
- Bihar Narcotic Substances Act — s. 140(3), 3(5)
Subjects
- bail
- criminal procedure
- suspicion
- charge sheet
- antecedent
- conditions of bail
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84421 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Ranjeet Kumar @ Ranjeet Yadav S/O Sogarath Yadav Resident of Village-
Sarai Mohanpur, P.S.- Sadar, District- Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Shruti Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 25-03-2026 Heard Ms. Shruti Singh, learned counsel for the
petitioner and Mr. Harendra Prasad, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.03.2025 in connection with Sadar P.S. Case No. 19 of 2025
for the offences punishable under Sections 140(3) and 3(5) of
BNS.
3. The prosecution story, in brief, is that on 09.01.2025
around 4:00 PM, husband of the informant namely, Manish
Yadav was taken by two persons, namely Rajesh Kumar Yadav
and Pankaj Kumar, and since then he did not return home. She
further stated that on inquiry Rajesh and Pankaj informed her
Patna High Court CR. MISC. No.84421 of 2025(4) dt.25-03-2026
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that they left Manish at Ganj Chowk. She also stated that her
husband had a dispute on 22.12.2024 with one villager Sanjay
Mahto. Her husband's mobile No. 7766069745 (ΙΜΕΙ
354156122212782) was also switched off
4. Learned counsel for the petitioner submits that it
appears from the FIR that informant is not an eye-witness to the
occurrence in question and the petitioner has been made an
accused in this case on the basis of suspicion. It is further
submitted that no cogent material has come during the course of
investigation to suggest the involvement of petitioner in the
present case. It is further submitted that co-accused persons
namely, Sogarath Yadav and Lalu Kumar @ Lalu Yadav have
been granted bail vide orders dated 07.05.2025 and 16.07.2025
passed in Cr. Misc. Nos. 28502 of 2025 and 43894 of 2025
respectively by a Coordinate Bench of this Court. It is next
submitted that police after investigation has submitted charge-
sheet and petitioner is in custody since 24.03.2025.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner but fairly submits that no cogent material
has come during the course of investigation to suggest the
involvement of petitioner in the present case. It is next
Patna High Court CR. MISC. No.84421 of 2025(4) dt.25-03-2026
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submitted that petitioner has antecedent of two cases but fairly
submits that petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
Darbhanga in connection with Sadar P.S. Case No. 19 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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