Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 29775 (PAT)

Setu Ranjan @ Bhau v. The State of Bihar

/45003/2026 · 2026-08-17

Jitendra Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45003 of 2026 Arising Out of PS. Case No.-15 Year-2026 Thana- KESARIA District- East Champaran ====================================================== Setu Ranjan @ Bhau, S/O Rajesh Singh @ Rajesh Kumar Singh, R/O Village- Siswa Patna, P.S.- Kesariya, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate For the State : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 3 17-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The present petition has been filed on behalf of the petitioner under Section 482 of the B.N.S.S. for anticipatory bail apprehending his arrest, in connection with Kesariya P.S. Case No. 15 of 2026 dated 14.01.2026, registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of Arms Act. Similar application filed by the petitioner has been rejected by learned Court of Sessions vide order dated 21.05.2026, passed in A.B.P. No. 1874 of 2026. 3. As per allegation, the police got information that some persons are standing near Hajipur petrol pump with lathi and fattha and they are also keeping illegal arms. Thereafter, the police reached the place where the persons were standing and Patna High Court CR. MISC. No.45003 of 2026(3) dt.17-08-2026 2/4 found that the persons standing there were co-accused, Rupesh Kumar and Nishant Kumar. During interrogation, co-accused, Rupesh Kumar and Nishant Kumar have admitted that they have pistols kept in their house and co-accused, Nishant Kumar also confessed that one pistol is also kept in the house of the present petitioner. On this information, the police recovered illegal arms from the house of co-accused and the present petitioner. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that the petitioner is 20 years old and working in Bangalore. He further submits that the house where the illegal arm was recovered is under construction. He also submits that there is no signature of the petitioner on the alleged seizure list. He also submits that despite the name of the present petitioner in the written report, he has not been made accused in the array of the accused persons i.e. Column No. 7 of the formal FIR. However, the petitioner has apprehension that due to his name being mentioned in the body of the written report, he may be arrested by the police. 5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case. Patna High Court CR. MISC. No.45003 of 2026(3) dt.17-08-2026 3/4 6. It has further been stated in paragraph no.3 of the petition that the petitioner has two criminal antecedents. 7. Learned APP for the State vehemently opposes the prayer of the petitioner for bail. 8. Considering the fact that the petitioner is 20 years old and working in Bangalore and he has not been made accused in Column No. 7 of the formal FIR, this petition is allowed, directing the petitioner above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Kesariya P.S. Case No. 15 of 2026, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. Patna High Court CR. MISC. Patna High Court CR. MISC. No.45003 of 2026(3) dt.17-08-2026 4/4 (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. shoaib/- (Jitendra Kumar, J) U T