Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and sureties.
Summary
The petitioners, Ranjan Kumar and Sudhir Kumar, sought anticipatory bail fearing arrest in a case (Kotwali P.S. Case No. 94 of 2024) involving alleged assault and firing of 35‑40 rounds, with offences under IPC sections 147, 148, 149, 323, 324, 307 and Arms Act section 27. They contended that they were not named in the FIR, no weapon was recovered from them, the injuries to victims were simple, and they have a clean antecedent, thus asserting false implication. The State opposed the bail. The Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the allegations and their claim of innocence
- Whether the conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023 are satisfied
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324
Subjects
- anticipatory bail
- CrPC Section 438
- BNSS 2023 Section 482
- IPC offences
- Arms Act
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.986 of 2026
Arising Out of PS. Case No.-94 Year-2024 Thana- GAYA KOTWALI District- Gaya
======================================================
1. Ranjan Kumar S/o Vinay Yadav @ Shera Yadav R/o Village Kandi Nawada,
P.S.- Chandauti, District- Gaya
2. Sudhir Kumar S/o Mundrika Yadav R/o village- Kandi Nawada, P.S.-
Chandauti, District-Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar
For the State : Ms. Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioners as well as the
learned APP for the State.
2. The petitioners apprehends their arrest in connection
with Kotwali P.S. Case No. 94 of 2024, registered for the offences
punishable under Sections 147, 148, 149, 323, 324, 307 of the IPC
and 27 of the Arms Act.
3. As per allegation, on 25.02.2024, all the FIR named
accused persons assaulted one, Sadam Alam and fired 35-40 rounds
indiscriminately at Ramshila More due to which the informant, Md.
Danish and Md. Rizwan sustained gunshot injury on legs.
4. The learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been implicated in
this case. He has further submitted that name of four accused
Patna High Court CR. MISC. No.986 of 2026(2) dt.09-01-2026
2/2
persons have been figured in the FIR itself. The petitioner is not
named in the FIR. Nothing has been recovered from the conscious
possession of the petitioners. It has further been submitted that injury
inflicted upon the injured persons are found to be simple in nature.
The petitioners are persons of clean antecedent.
5. On the other hand, learned APP for the State has
opposed the prayer for anticipatory bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioners, in the event of their arrest or
surrender within four weeks before the learned court below, be
released on anticipatory bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Gaya in connection with Kotwali P.S.
Case No. 94 of 2024, subject to the conditions as laid down under
Section 438(2) of the CrPC/482(2) of the BNSS, 2023.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
Checking your session…