Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to stringent conditions.
Summary
The petitioners Ranjan Kumar, Pawan Kumar and Pravin Kumar sought anticipatory bail in connection with FIR No.62 of 2025 alleging offences under several sections of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that Ravi Kumar entered the complainant's house, opened fire and that the petitioners participated in assault and theft of a gold chain. The petitioners contended that there is a case‑and‑counter‑case, that no specific assault role is attributed to them, and that similar accused were granted bail in Arun Kumar & Ors. v. State. The State opposed bail, highlighting a criminal antecedent of petitioner No.2. The High Court, after considering the submissions and noting the lack of specific assault attribution, granted anticipatory bail with a cash bond of Rs.10,000 each, two sureties and several conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioners despite the serious charges.
- Whether the alleged participation of the petitioners in assault and theft warrants denial of bail.
- Whether the criminal antecedent of petitioner No.2 precludes the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 115, 126, 190, 191, 303, 324, 352
Subjects
- anticipatory bail
- Section 438
- Indian Penal Code
- Arms Act
- criminal antecedent
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9844 of 2026
Arising Out of PS. Case No.-62 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
1. Ranjan Kumar S/O Jatan Yadav @ Janardan Yadav Resident of Village-
Nirmani Math, P.S.- Hulasganj, District- Jehanabad
2. Pawan Kumar Son of Arun Kumar. Resident of Village- Nirmani Math, P.S.-
Hulasganj, District- Jehanabad
3. Pravin Kumar Son of Arun Kumar @Arun Prasa. Resident of Village-
Nirmani Math, P.S.- Hulasganj, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-02-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Hulasganj P.S. Case No. 62 of 2025 for the offence
registered under sections 191(1), 191(2), 190, 126(2), 115(2),
352, 324(4), 303(2) of BNS and Section 27 of Arms Act.
3. As per the prosecution story, the informant alleged
that while he was feeding his cattle, the accused, Ravi Kumar
entered the house and opened fire. Thereafter, allegation is that,
Kamlesh Yadav assaulted on the hand while Tarun Kumar gave
lathi blow, others also assaulted by farsa. So far as the petitioner
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no. 2 and 3 are concerned, they snatched the gold chain from the
informant while petitioner no. 1 damaged the property. This led
to the FIR.
4. Learned Counsel for the petitioners submit that
there is case and counter case, entire family members have been
roped in, role of assault is not assigned to either of the three
petitioners, similar situate accused have been granted relief by a
Co-ordinate Bench in Cr. Misc. No. 55485 of 2025 (Arun
Kumar & Ors. vs. State) and if granted bail, they shall be co-
operating in the investigation.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that
petitioner no. 2 has criminal antecedent.
6. Considering the submissions of the parties as also
the fact that role of assault has not been attributed to these
petitioners, the certificate shows that Pravin Kumar is a student,
similar placed accused have been granted relief, as recorded
above, in that background, this Court is inclined to grant them
the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
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bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Jehanabad in connection with Hulasganj P.S. Case No. 62 of
2025 subject to condition as laid down under Section 438(2) of
the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every month for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
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criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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