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Patna High Court

Jyotish Kumar RanjanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the allegations and the petitioner’s criminal antecedents warranted denial.

Summary

The petitioner, Jyotish Kumar Ranjan, applied for anticipatory bail after being implicated in a case alleging he borrowed money, threatened the informant, and opened fire on the informant's house, violating Sections 126(2), 351(2), 352 of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner claimed innocence, alleging the FIR was fabricated due to a monetary dispute and that a prior FIR filed by him against the informant pre‑dated the present case. The State countered that the petitioner has a prior criminal antecedent (Barari Police Station Case No. 339 of 2017) and habitually carries illegal arms, supported by recovered cartridges and documentary annexures. The court examined the seriousness of the allegations, the recovery of used cartridges, and the petitioner’s alleged criminal history. Concluding that the nature of the accusations and antecedents warranted denial of bail, the court dismissed the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under Sections 126(2), 351(2), 352 of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
  • Whether the petitioner’s prior criminal antecedent and alleged possession of illegal arms justify denial of anticipatory bail.
  • Whether the FIR is a false or malicious complaint arising from a monetary dispute, affecting the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • illegal arms
  • murder attempt
  • loan dispute
  • Bhartiya Nyaya Sanhita
  • Arms Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89981 of 2025
                        Arising Out of PS. Case No.-223 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Jyotish Kumar Ranjan Son of Gopal Mandal Resident of Village- Pachma
                 Ward No. 12, Pachma Milik Marwa, P.S.- Korha, District- Katihar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Rekha Prasad
                                                   Ms. Kumari Priyanka
                                                   Ms. Anamika Priyadarshi
                 For the State            :        Mr. Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   06-04-2026         1. Heard learned counsel for the petitioner, learned counsel

                            for the informant and learned Additional Public

                            Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Korha Police Station Case No. 223 of 2025, dated

                            20.09.2025,        disclosing        offences      under       Sections

                            126(2)/351(2)/352 of the Bhartiya Nyaya Sanhita and

                            Section 27 of the Arms Act.

                       3.   That the prosecution case, as per the FIR, is that the

                            informant had lent Rs. 97,000/- to the petitioner and upon

                            demand of repayment, he refused and threatened him with

                            dire consequences. It is alleged that on 19.09.2025 at

                            about 08:30 A.M., the informant stopped the petitioner
Patna High Court CR. MISC. No.89981 of 2025(5) dt.06-04-2026
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                  and asked his money back, the petitioner abused the

                  informant and threatened to kill him within 24 hours. It is

                  further alleged that on the same day at about 11:30 P.M.,

                  the petitioner, along with other accused persons, came

                  near the informant’s house and opened fire with intention

                  to kill and upon alarm being raised they fled away.

                  Subsequently, on information by the informant, the police

                  reached at the place of occurrence and recovered three

                  empty cartridges. It has also been alleged that the

                  petitioner and other returned and open fired again on the

                  same night.

              4. Learned counsel for the petitioner submits that the

                  petitioner is innocent and has not committed any offence

                  in the manner alleged. She next submits that the petitioner

                  has falsely been implicated in the present case due to

                  monetary dispute on the basis of concocted story. She

                  further submits that the present case has been lodged by

                  the informant to save his own skin from loot of Rs. 9

                  Lakh for which FIR, bearing no. Korha Police Station

                  Case No. 220 of 2025, has been lodged by the petitioner

                  against the informant and others, which is prior in time to

                  the present FIR. The petitioner, though named in other
Patna High Court CR. MISC. No.89981 of 2025(5) dt.06-04-2026
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                   cases, but the same have been lodged by the side of the

                   informant.

              5. On the other hand, learned counsel for the informant and

                   the State, vehemently opposes the prayer for bail and

                   submits that the petitioner has concealed another criminal

                   antecedent having Barari Police Station Case No. 339 of

                   2017. Referring to the seizure list, learned counsel

                   submits that three used cartridges have been recovered

                   from the place of occurrence. It has further been

                   submitted that the petitioner is habitual offender and is in

                   habit of carrying illegal arms (pistol), which would be

                   evident from Annexure-2 series annexed to the counter

                   affidavit.

              6.   In reply, learned counsel for the petitioner submits in the

                   criminal antecedent, bearing Barari Police Station Case

                   No. 339 of 2017, as referred above, the petitioner was not

                   named in the FIR rather his name transpired on

                   confessional statement. With regard to the alleged

                   possession of illegal arms, it is submitted that a valid

                   license shall be produced at the time of hearing.

              7. Regards being had to the submissions made by the parties

                   and taking into consideration the nature of allegation,
            Patna High Court CR. MISC. No.89981 of 2025(5) dt.06-04-2026
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                              recovery of used cartridges from place of occurrence and

                              criminal antecedents of the petitioner, I am not inclined to

                              grant the petitioner privilege of anticipatory bail.

                          8. This application is, accordingly, dismissed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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