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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Ravi Kumar was arrested on 25 January 2026 in connection with a case involving alleged possession of large quantities of petrol, diesel and related equipment recovered from a hut. The prosecution alleged offences under Sections 287, 316(2), 318(4) and 3(5) of the Bharatiya Nyay Sanhita, 2023, Sections 3 and 4 of the Explosive Substances Act, 1955 and Section 7 of the Essential Commodities Act, 1955. The petitioner contended that he has a clean antecedent, was falsely implicated, was not the absolute owner of the hut and that Section 103 of the BNSS had not been complied with. The court examined these submissions, noted the lack of direct possession by the petitioner and the procedural lapse, and held that bail could be granted. Accordingly, the court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court and no tampering with evidence.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the BNSS, Explosive Substances Act and Essential Commodities Act.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nyay Sanhita warrants denial of bail.
  • Whether the petitioner’s lack of absolute ownership of the hut from which the explosives were recovered affects the bail decision.
  • Whether the petitioner’s clean antecedent justifies granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • non‑compliance of Section 103
  • clean antecedent
  • property ownership
  • explosive substances
  • essential commodities
  • BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.24158 of 2026
                 Arising Out of PS. Case No.-36 Year-2026 Thana- KALYANPUR District- East Champaran
                ======================================================
                Ravi Kumar Son of Shri Bhagwan Prasad @ Bhagwan Parsad R/o Village -
                Vishambharpur, P.S. - Kalyanpur, Dist. - East Champaran.... ... Petitioner/s
                                                  Versus
                The State of Bihar                                  ... ... Opposite Party/s
                ======================================================
                Appearance :
                For the Petitioner/s     :       Mr. Suraj Kumar Tiwari, Advocate
                For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                      ORAL ORDER

2 15-04-2026                    Heard Mr. Suraj Kumar Tiwari, learned counsel for

               the petitioner as well as Mr. Bhanu Pratap Singh, learned

               Additional Public Prosecutor for the State.

                          2. Petitioner seeks bail who is in custody since

               25.01.2026 in connection with Kalyanpur P.S. Case No. 36 of

               2026, F.I.R. dated 24.01.2026 for the offences punishable under

               Sections 287, 316(2), 318(4) 3(5) of the Bharatiya Nyay Sanhita,

               2023 and Section 3 and 4 of Explosive Substance Act, 1955 and

               Section 7 of Essential Commodities Act, 1955.

                          3. According to prosecution case, on secret information

               when the police reached the place of occurrence, they saw two

               persons running away. The police tried to caught them but one of

               them escaped. The apprehended person disclosed him as the

               petitioner. On search, the police recovered 9 tin drums, in which

               liquids like petrol with total quantity of 1980 litre were kept there.
Patna High Court CR. MISC. No.24158 of 2026(2) dt.15-04-2026
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      One drum diesel type liquids a total of 220 L were kept and four

      unfilled drums which smell like petrol were found and a tin

      measuring aluminum equipment of lire with a plastic pump were

      also found.

                  4. Learned counsel for the petitioner submits that

      petitioner has clean antecedent and he has falsely been implicated

      in the present case. It appears from the FIR that nothing has been

      recovered from conscious possession of the petitioner rather the

      recovery has been made from the hut in question and petitioner is

      not absolute owner of the said hut rather the hut belongs to the joint

      possession property of the petitioner's family. He next submits that

      there is non-compliance of Section 103 of BNSS and the petitioner

      is in custody since 25.01.2026.

                  5. The learned Additional Public Prosecutor has

      vehemently opposed the prayer for bail of the petitioner.

                   6. Considering the aforesaid facts and circumstances,

      petitioner has clean antecedent and there is non-compliance of

      Section 103 of BNSS and petitioner is not absolute owner of the

      hut in question, let the petitioner, above named, be released on bail

      on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

      sureties of the like amount each to the satisfaction of the learned

      Judicial Magistrate-1st Class, East Champaran, Motihari in
            Patna High Court CR. MISC. No.24158 of 2026(2) dt.15-04-2026
                                                        3/3




                  connection with Kalyanpur P.S. Case No. 36 of 2026, subject to the

                  following conditions:-

                               i. Petitioner shall co-operate in the trial and shall be

                  properly represented on each and every date fixed by the court and

                  shall remain physically present as directed by the court and on his

                  absence on two consecutive dates without sufficient reason, his

                  bail bond shall be cancelled by the Court below.

                               ii. If the petitioner tampers with the evidence or the

                  witnesses, in that case, the prosecution will be at liberty to move

                  for cancellation of bail.

                               iii. And further condition that the court below shall verify

                  the criminal antecedent of the petitioner and in case at any stage it

                  is found that the petitioner has concealed his criminal antecedent,

                  the court below shall take step for cancellation of bail bond of the

                  petitioner. However, the acceptance of bail bonds in terms of the

                  above-mentioned order shall not be delayed for purpose of or in the

                  name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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