Patna High Court
RAVI GOPE @ BRINDA RAI @ RAJversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail.
Summary
Petitioner Ravi Gope was charged with multiple offences under the Indian Penal Code, including assault, extortion, and attempt to murder, arising from an alleged incident on 17 February 2024. The prosecution alleged that the petitioner and a co‑accused assaulted an informant and his infant daughter, threw them into a canal, entered the informant’s house, misbehaved with the women, and set the house on fire. The petitioner contended that he was falsely implicated, highlighted a 12‑day delay in filing the FIR, argued that the injuries were not grievous, and claimed the allegations were vague. The State opposed bail, citing two prior criminal cases against the petitioner. After considering the delay, the nature of the alleged injuries, and the lack of a clear prima facie case for the serious charges, the court ordered that the petitioner be released on bail upon furnishing a bond and sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges.
- Whether the 12‑day delay in lodging the FIR undermines the charge of attempt to murder under Section 307 IPC.
- Whether the non‑grievous nature of the alleged injuries warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 354, 387, 436, 504, 506
Subjects
- bail
- criminal procedure
- Indian Penal Code
- extortion
- assault
- attempt to murder
- delay in FIR
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16990 of 2026
Arising Out of PS. Case No.-319 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Ravi Gope @ Brinda Rai @ Raj, S/o- Chand Dev Rai, R/v- Manjhauli, PS-
Phulwarisharif, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akshay Tripathi, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Phulwarisharif P.S. Case No. 319 of 2024 registered for the
offence punishable under Sections 341, 323, 354, 387, 307, 436,
504, 506 and 34 of of the Indian Penal Code.
3. The case of the prosecution, in short, is that the
petitioner along with co-accused Chandan Rai used to demand
extortion money of Rs. 5000/- per month and on account of non-
fulfillment of the said demand on 17.02.2024 at around 16.30
hours when the informant was returning with his daughter aged
about 06 months, the petitioner and co-accused assaulted him
and his daughter and threw them into the canal due to which he
became unconscious. The informant further alleged that later on
Patna High Court CR. MISC. No.16990 of 2026(2) dt.16-03-2026
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the petitioner and co-accused entered into his house and
misbehaved with the women and set the house on fire.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. It has further been submitted that the occurrence is of
17.02.2024 whereas the F.I.R. was lodged on 29.02.2024 i.e.
after inordinate delay of 12 days without any plausible
explanation and alleged offence under Section 307 of the I.P.C.
is not made out. It has also been submitted that from perusal of
the learned trial Court it will transpire that learned trial Court
has recorded that the nature of injury is not grievous. It has
further been submitted that nature of allegation is general and
omnibus. Petitioner is languishing in judicial custody since
03.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.16990 of 2026(2) dt.16-03-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-XIV, Patna in connection with Phulwarisharif P.S.
Case No. 319 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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