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Patna High Court

Ranjan Sah @ Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is appropriate in the present circumstances.

Summary

The petitioners, four relatives of a deceased woman, sought anticipatory bail in connection with a criminal case (Kalyanpur P.S. Case No. 339 of 2025) alleging offences under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita. They argued that the FIR lacked specific allegations against them, the post‑mortem showed death by drowning with no signs of cruelty, and the informant delayed filing the FIR by eleven days despite the body being recovered on the same day, indicating mala‑fide intent. The State opposed bail but acknowledged the delay. The Court examined the delay, the absence of specific charges, and the nature of the evidence, and concluded that the circumstances warranted the grant of anticipatory bail. Accordingly, the Court ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs. 20,000 with two sureties each, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted despite the alleged offences under Sections 80 and 3(5) of the BNSS
  • Whether the eleven‑day delay in filing the FIR by the informant affects the grant of bail
  • Whether the lack of specific allegations against the petitioners in the FIR precludes arrest

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Section 80
  • Section 3(5)
  • Section 482(2)
  • FIR delay
  • mala fide informant
  • drowning death
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8929 of 2026
                 Arising Out of PS. Case No.-339 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
           1.     Ranjan Sah @ Ranjan Kumar S/o- Baidhyanath Sah @ Tekasah Resident of
                  Village- Shambhu Chak, Uttarwari, tola, Ward No. 1 P.S.-Kalyanpur,
                  District- East Champaran
           2.    Raja Sah @ Raja Kumar S/o- Baidhyanath Sah @ Teka Sah Resident of
                 Village- Shambhu Chak, Uttarwari, tola, Ward No. 1 P.S.-Kalyanpur,
                 District- East Champaran
           3.    Baidhyanath Sah @ Teka Sah S/o- Late Punkal Sah Resident of Village-
                 Shambhu Chak, Uttarwari, tola, Ward No. 1 P.S.-Kalyanpur, District- East
                 Champaran
           4.    Basanti Devi W/o- Baidhyanath Sah @ Teka Sah Resident of Village-
                 Shambhu Chak, Uttarwari, tola, Ward No. 1 P.S.-Kalyanpur, District- East
                 Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Dhurendra Kumar, Advocate
                 For the State           :       Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the Petitioner and learned

                   APP for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Kalyanpur P.S. Case No. 339 of 2025 dated 02.09.2025

                   registered for the offences punishable under Sections 80 and 3(5)

                   of the Bharatiya Nyaya Sanhita.

                                 3. Mr. Dhurendra Kumar, learned counsel appearing for

                   the petitioners, submits that petitioner Nos. 1 and 2 are the

                   brothers-in-law of the deceased, and petitioner Nos. 3 and 4 are the
Patna High Court CR. MISC. No.8929 of 2026(2) dt.24-02-2026
                                            2/3




          father-in-law and mother-in-law of the deceased. He further

          submits that the FIR does not contain any specific allegation

          against the petitioners regarding the alleged demand of a

          motorcycle or acts of cruelty. In fact, the deceased had an illicit

          relationship with another person and on the alleged day and time

          of occurrence, she left her house with her paramour, which was

          informed to the informant. During the course of the search, the

          dead body of the deceased was recovered from a canal, which was

          reported to the police, and thereafter, a postmortem examination

          was conducted on 23.08.2025, a copy of which has been filed as

          Annexure-2. Learned counsel further submits that the medical

          expert opined the cause of death in the postmortem report as

          asphyxia due to drowning, and on external examination, no injury

          was found except one abrasion on the left elbow of the deceased,

          which does not suggest that the deceased was subjected to cruelty

          immediately prior to her death. It is lastly submitted that it is an

          admitted position that the dead body was found on 22.08.2025, the

          same day as the alleged occurrence, and this fact was known to the

          informant. Despite this, the informant did not take any immediate

          legal action regarding the alleged offences and lodged the FIR

          only on 02.09.2025, eleven days after the occurrence, which

          indicates mala fide intention on the part of the informant.

                      4. Learned APP appearing for the State has opposed the
           Patna High Court CR. MISC. No.8929 of 2026(2) dt.24-02-2026
                                                       3/3




                     prayer for bail of the petitioner but fairly accepted the said delay

                     of eleven days in taking the legal action with regard to the

                     commission of the alleged occurrence.

                                  5. In the facts and circumstances of the case, and in

                     view of the above-stated facts, the pleas taken by the petitioners,

                     coupled with the fact that an inordinate delay of eleven days

                     occurred on the part of the informant despite the dead body of the

                     deceased being recovered on the same day of the alleged

                     occurrence when the informant received information of the

                     commission of the alleged offences, and further, considering that

                     there is no specific allegation against any of the petitioners, in my

                     opinion, this is a fit case for granting anticipatory bail to the

                     petitioners. Accordingly, let the petitioners named-above, in the

                     event of their arrest or surrender before the learned Court below

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees

                     Twenty Thousand) each with two sureties of the like amount each

                     to the satisfaction of the Court concerned in connection with

                     Kalyanpur P.S. Case No. 339 of 2025, subject to the conditions as

                     laid down under Section 482(2) of the BNSS.



                                               (Shailendra Singh, J)
maynaz/-
U     T


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