Patna High Court

Ranjit KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted regular bail to the petitioner.

Summary

Ranjit Kumar applied for regular bail in a theft case (Arwal P.S. Case No.351 of 2025) registered under sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, with several other sections added later. The prosecution alleged that the petitioner sold stolen articles at his shop, based on a co‑accused’s statement, which the petitioner denied and asserted he was not named in the FIR. He had been in custody since 6 October 2025, had no prior criminal record, and a charge‑sheet had already been filed. The State opposed bail. Considering the length of custody, lack of antecedents, and the nature of the allegation, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner, who is not named in the FIR but is implicated by a co‑accused’s statement, is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023.
Whether the existence of a charge‑sheet and the nature of the alleged theft justify denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 112, 303(2), 305, 317(2), 317(4), 317(5), 331(1), 331(3), 332(c), 334(1), 334(2), 3(5)

Subjects

regular bail
theft
Bharatiya Nyaya Sanhita
charge-sheet
no criminal antecedent
custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88565 of 2025
                          Arising Out of PS. Case No.-351 Year-2025 Thana- Arwal District- Arwal
                 ======================================================
                 Ranjit Kumar, S/o Baliram Prasad @ Baliram Saundik, R/o Purani Arwal,
                 P.S- Arwal, District- Arwal.
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Virendra Kumar Ray, Advocate
                                                   Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   23-02-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Arwal P.S. Case no.351

                   of 2025, registered under section 303(2), 317(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 to which sections 305, 317(4),

                   317(5), 331(3), 331(1), 332(c), 334(1), 334(2) and 112 of the

                   Bharatiya Nyaya Sanhita, 2023 were added subsequently.

                                 3. As per the prosecution case, one accused is said to

                   have been caught stealing certain articles while shifting of the

                   court premises from one building to the other. It is further stated

                   that he took the name of the three other co-accused who had

                   managed to escape.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is not amongst the F.I.R. named co-accused. The only

                   allegation against him which has come in course of
            Patna High Court CR. MISC. No.88565 of 2025(3) dt.23-02-2026
                                                        2/2




                      investigation is that one of the co-accused has stated in his

                      statement before the police that he had sold some of the stolen

                      articles at the shop of this petitioner. Learned counsel for the

                      petitioner categorically denies the allegation. The petitioner is in

                      custody since 6.10.2025 and he has no criminal antecedent.

                      Charge-sheet has been submitted in the case.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the F.I.R., the

                      material that has transpired against the petitioner in course of

                      investigation, the petitioner having remained in custody for

                      more than 4 months since 6.10.2025, charge-sheet having been

                      submitted in the case and the petitioner not having any criminal

                      antecedent, the petitioner is directed to be enlarged on bail in

                      connection with Arwal P.S. Case no.351 of 2025, on furnishing

                      bail bond of        Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Chief Judicial Magistrate, Arwal.


                                                                  (Partha Sarthy, J)
avinash/-

U      T

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