Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of any incriminating material and on the basis of the petitioner’s clean antecedent, bail was granted subject to bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Ranjan Kumar, was named in an FIR for offences under IPC Section 414, the Arms Act (Sections 25(1‑b)a, 26, 35) and the Bihar Prohibition and Excise Act, 2018 (Section 30(a)) after co‑accused disclosed his name. No weapon or illicit liquor was recovered from his possession and he asserted a clean antecedent, claiming false implication. The State opposed his bail application. The court examined the lack of incriminating material against the petitioner and his clean record, and applied the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the conditions prescribed.
Issues considered
- Whether the petitioner is entitled to bail despite charges under IPC, the Arms Act and the Bihar Prohibition and Excise Act.
- Whether the absence of any incriminating article recovered from the petitioner justifies bail.
- Whether the petitioner’s claim of false implication and clean antecedent warrant release on bail.
- Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 414
Subjects
- bail
- false implication
- Arms Act
- Bihar Prohibition and Excise Act
- Section 482
- Indian Penal Code
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9576 of 2026
Arising Out of PS. Case No.-23 Year-2023 Thana- BHAGWAN BAZAR District- Saran
======================================================
Ranjan Kumar Son of Tufani Sah @ Triloki Sah Resident of Village-
Masumganj, Shiv Mandir, P.S.- Bhagwan Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends arrest in case registered for
the offences punishable under Section 414 of the Indian Penal
Code, Sections 25(1-b)a/26/35 of the Arms Act and Section
30(a) of the Bihar Prohibition and Excise Act, 2018.
3. As per F.I.R., the police recovered arms and illicit
liquor from co-accused, who named this petitioner.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case. Apprehended
co-accused disclosed the name of the petitioner. No
incriminating article has been recovered from his possession.
This petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
bail.
Patna High Court CR. MISC. No.9576 of 2026(2) dt.11-02-2026
2/2
6. Considering the aforesaid facts and circumstances,
let the above named petitioner be released on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise, Saran at Chapra in connection with Bhagwan Bazar P.S.
Case No. 23 of 2023 subject to the condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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