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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.9844 of 2026(2) dt.23-02-2026
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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
Patna High Court CR. MISC. No.9844 of 2026(2) dt.23-02-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.9844 of 2026(2) dt.23-02-2026
                                                       4/4




                     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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