Patna High Court
Ranjeet Kumar @ Ranjeet PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS,2023.
Summary
The petitioners Ranjeet Kumar, Guddu Kumar and Reshmi Devi sought anticipatory bail in connection with FIR No.38/2024 alleging offences under various IPC sections including rioting, assault and attempt to murder. The prosecution alleged that the accused attacked an informant’s family with an axe, iron rod and pistol, causing injuries. The petitioners contended they have no prior criminal record, the FIR is false and they are not specifically charged with any overt act, and the case is a counter‑blasting of another FIR. The Court examined the nature of the injuries, the absence of specific allegations against the petitioners and their clean antecedent. Finding the injuries to be simple and noting the lack of direct incriminating material, the Court granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS,2023. The bail order required the petitioners to surrender within 30 days, furnish bond and sureties, cooperate with the trial and not tamper with evidence.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to the petitioners despite the FIR alleging serious offences.
- Whether the petitioners have a clean antecedent and lack of specific allegation of an overt act justifies bail.
- Whether the nature and severity of injuries (simple) affect the grant of bail.
- Whether conditions under Section 482(2) BNSS,2023 are applicable to the anticipatory bail order.
Legislation cited
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 308, 323, 341, 354, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
- bail conditions
- criminal law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89114 of 2025
Arising Out of PS. Case No.-38 Year-2024 Thana- Bankebazar District- Gaya
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1. Ranjeet Kumar @ Ranjeet Prasad S/o Ganesh Prasad
2. Guddu Kumar S/o Ganesh Prasad
3. Reshmi Devi W/o Guddu Kumar
All R/o Village - Bechubigha Duari, P.S - Bankebazar, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr.Arvind Kumar Singh, learned counsel for
the petitioners and Mr.Anand Kishore Choudhary, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Banke Bazar P.S.Case No.38 of 2024, FIR
dated 02.05.2024, registered for the offences punishable under
Sections 147,148,149,341,323,308,354,379,504 of IPC.
3. As per the prosecution case, informant and her
husband was at her home on 02-05-2024 and they were taking
lunch in the meantime Ranjeet Kumar, Guddu Kumar, Premlata
Devi, Reshmi Devi and 4-5 other came at her home and they
began to assault upon her husband with axe & iron rod and
Patna High Court CR. MISC. No.89114 of 2025(2) dt.12-01-2026
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when she went to save him in the meantime they pointed pistol
to her and accused Mathura pushed her daughter and they also
assaulted upon her with iron rod due to which she became
unconscious, thereafter injured persons were admitted to the
hospital.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent. The allegation as alleged in
the FIR is false and fabricated and the petitioners have not
committed any offence as alleged in the FIR. The present case
is counter blast of Bankebazar P.S.Case No.36 of 2024 filed by
petitioner No.2 against the informant and her family members.
From a bare perusal of the FIR it appears that although the
petitioners are named in the FIR but there is no specific
allegation of any assault or overt-act attributed against them.
There is specific allegation against co-accused person, namely,
Mathura Prasad that he pushed the daughter of the informant
due to which informant side has received the injury but the
injury report of the informant side suggests that all the injuries
inflicted upon the injured persons are simple in nature.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for anticipatory bail of the
petitioners.
Patna High Court CR. MISC. No.89114 of 2025(2) dt.12-01-2026
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6. Considering the aforesaid facts, petitioners have
clean antecedent, there is case and counter case and injury
inflicted upon the injured persons are simple in nature, let the
petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs.10,000 (Ten Thousand)each with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class, Sherghati, Gayaji in connection
with Banke Bazar P.S.Case No.38 of 2024, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS,2023 and with
other following conditions:-
(I) Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper 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
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verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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