Rajan @ Kumar Ranjan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rajan @ Kumar Ranjan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of his arrest or surrender before the court below within four weeks, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, District Patna, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be an own/close family member of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in Alamganj P.S. Case No. 1062 of 2023 (offences under Sections 341, 323, 325, 354, 448, 504 and 34 IPC), is entitled to anticipatory bail notwithstanding one criminal antecedent of the year 2006.

Court's answer

Taking note of the omnibus nature of the allegations and that the petitioner's case rests on parity, others having been allowed bail by the court below itself, the petitioner is to be released on bail in the event of his arrest or surrender before the court below within a period of four weeks (anticipatory bail granted).

Ratio / Principle

Bail is upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, District Patna in connection with Alamganj P.S. Case No. 1062 of 2023.

Key takeaways

Release is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be an own/close family member of the petitioner.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail - granted. Petitioner apprehended arrest in Alamganj P.S. Case No. 1062 of 2023, Patna, for offences under Sections 341, 323, 325, 354, 448, 504 and 34 IPC, arising from an allegation that the informant was brutally assaulted after protesting the petitioner and others indulging in the trade of illicit wine. The allegations against the family members were omnibus; co-accused facing identical allegations had been granted anticipatory bail by the court below itself; the petitioner's prayer had been rejected only on account of one criminal antecedent of the year 2006. Holding the case to rest on parity and noting the omnibus nature of the allegations, the Court directed release on bail in the event of arrest or surrender within four weeks, upon bail bonds of Rs.10,000/- with two sureties of the like amount each before the learned Additional Chief Judicial Magistrate, Patna City, subject to the conditions in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, and with the further condition that one bailor be an own/close family member of the petitioner. (Harish Kumar, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51897 of 2025

Arising Out of PS. Case No.-1062 Year-2023 Thana- ALAMGANJ District- Patna

======================================================

Rajan @ Kumar Ranjan, Son of Raju Prasad, Resident of Mohalla-Mina Bazar, Durga Charan Lane, Thathera Gali, P.S Alamganj, Dist-Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prem Ranjan Kumar, Adv. For the Opposite Party/s : Mr. Rajiv Nayan, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 12-08-2025

Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Alamganj P.S. Case No. 1062 of 2023, registered for the offences punishable under Sections 341, 323, 325, 354, 448, 504 and 34 of the Indian Penal Code, 1860.

Based upon the written report, the prosecution alleged that when the informant protested the activities of the petitioner and others who were found indulged in the trade of illicit wine, all of them brutally assaulted the informant, due to which she sustained serious injuries.

Learned Advocate appearing on behalf of the petitioner taking this Court through the FIR contended that there

Patna High Court CR. MISC. No.51897 of 2025(2) dt.12-08-2025 2/3

is omnibus nature of allegation against all the family members. The very FIR has been instituted on the suspicion that the petitioner and others were indulged in trafficking of illicit wine; moreover, this fact has not been corroborated during the course of investigation. Other co-accused persons against whom identical allegation has been levelled, they have been accorded the privilege of anticipatory bail by the Court below itself. So far the petitioner is concerned, his prayer has been turned down only on account of one criminal antecedent, which is of the year 2006, as has been disclosed in paragraph no. 3 of the bail application.

On the other hand, learned Advocate for the State opposed the pre-arrest bail application.

Having considered the submissions set forth by learned Advocate for the respective parties and taking note of the omnibus nature of allegation, as also the fact that the case of the petitioner is based on parity, inasmuch as, others have been allowed bail by the court below itself, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.51897 of 2025(2) dt.12-08-2025 3/3

sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, District Patna in connection with Alamganj P.S. Case No. 1062 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

supratim/-

U T