Patna High Court
Ravish Kumar @ Manish Kumar @ Tushi @ Tushi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner, finding insufficient evidence to justify continued detention.
Summary
The petitioner, Ravish Kumar, applied for bail in a case (Pandarak P.S. Case No. 185 of 2025) filed under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging involvement in a robbery and theft. The prosecution alleged that the accused demanded money, seized a mobile phone and cash from the informant, and later looted additional items from other truck drivers. The petitioner contended that he was falsely implicated, not named in the FIR, and that the only basis for his identification was a self‑confessional statement lacking evidentiary value, with no recovered stolen articles or eyewitnesses. The defense also highlighted the absence of a T.I.P. and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the lack of substantive evidence, the petitioner’s prolonged custody since 25‑10‑2025, and the bail granted to co‑accused, the court inclined to grant bail. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is sufficiently implicated to deny bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023
- Whether the self‑confessional statement of the petitioner has evidentiary value
- Whether the absence of recovered stolen articles, eyewitnesses, and a T.I.P. affects the bail decision
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309(4) BNS
- self‑confessional statement
- evidentiary value
- Section 103 BNS
- theft
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12369 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- PANDARAK District- Patna
======================================================
Ravish Kumar @ Manish Kumar @ Tushi @ Tushi Yadav Son of Bharat
Yadav Resident of Village- Gowasha Shekhpura (Gherapar), P.S.- Pandarak,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhim Sen Prasad, Advocate
For the Opposite Party/s : Mrs.Nirmala Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pandarak P.S. Case No. 185 of 2025, instituted for the offences
under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that petitioner along
with other co-accused persons demanded Rs. 150/- from the
informant. When informant refused to give money then all
accused persons entered into the truck of the informant and
snatched his mobile as well as Rs. 9000/- from his pocket. The
accused persons also snatched eight mobile phones and Rs.
40,000/- from the other truck drivers.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
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Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of self-confessional statement
of petitioner, which has no evidentiary value. No
incriminating/looted article has been recovered from the
conscious possession of the petitioner. Learned counsel further
submitted that petitioner has got no concern with the stolen
articles. There is no eye witness of the said occurrence. Learned
counsel further submitted that T.I.P. has not been conducted till
date to ascertain the involvement of the petitioner in the alleged
offence. Learned counsel for the petitioner further submits that
other co-accused has been granted bail by this Bench vide order
dated 10.03.2026 passed in Cr. Misc. No. 12169 of 2026. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 25.10.2025 and has one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
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bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pandarak P.S. Case
No. 185 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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