Patna High Court
Ranjan Sah @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bharatiya Nyaya Sanhita — s. 3(5), 482(2), 80
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.