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Patna High Court

Ravibhushan Gupta @ Ravibhushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioners, subject to prescribed conditions.

Summary

The petitioners, Ravibhushan Gupta and Rajan Kumar, sought anticipatory bail fearing arrest in a criminal case (Govindganj PS Case No.269 of 2025) involving multiple offences under the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that on 28‑Oct‑2025 six accused attacked the informant’s son with iron rods, causing serious injuries, and also assaulted the informant and family members. The petitioners were accused only of striking the informant with a fist, allegedly causing no injury, and they claim a counter‑case exists where the informant’s family is alleged to have assaulted them. The petitioners have no prior criminal record. The State opposed bail, but the court noted the limited nature of the allegation against the petitioners and the existence of a counter‑case, and therefore granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. and specific bail terms. The bail order requires a bond of Rs 10,000 with two sureties, appearance before the trial court, and prohibitions against tampering with witnesses or committing further offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the pending charges under multiple sections of the Bhartiya Nyaya Sanhita.
  • Whether the existence of a counter‑case and the nature of the alleged assault (no injury) justify the grant of bail under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • counter case
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10223 of 2026
                      Arising Out of PS. Case No.-269 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
           1.     Ravibhushan Gupta @ Ravibhushan Kumar S/o- Late Asharfi Gupta R/v-
                  Pipra W.No-6, Ps- Govindganj Dist- East Champaran
           2.    Rajan Kumar S/o- Madan Sah R/v- Pipra W.No-6, Ps- Govindganj Dist- East
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Adv.
                 For the Opposite Party/s :       Mr.Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. The petitioners are apprehending their arrest in

                   connection with Govindganj P.S. Case No. 269 of 2025 dated

                   02.11.2025 registered for the offence punishable under Sections

                   191(2), 191(3), 190, 126(2), 115(2), 109, 352, 351(2), 74 of the

                   Bhartiya Nyaya Sanhita, 2023.

                           3. As per prosecution case, on 28.10.2025 six F.I.R.

                   named accused persons arrived at residence of the Informant

                   armed with iron rods and assaulted her son, Sanjeet Kumar,

                   causing serious injuries upon his head and body. When the

                   informant and other family members intervened, they were also
Patna High Court CR. MISC. No.10223 of 2026(2) dt.25-02-2026
                                            2/4




          assaulted, dragged, and beaten by the accused persons. Upon

          villagers raising alarm, the accused fled away from there.

                  4. Learned counsel for the petitioners submits that for the

          same and similar allegations, there is counter case between the

          parties and specific allegation of overt act is against the Rithik

          Ranjan and as also Rahul Kumar who are said to have assaulted

          with iron rod upon Sanjeet Kumar, who is the Informant’s son.

          The allegation against the petitioners is of having assaulting the

          Informant with fist and no injury is said to have been caused

          upon her. It is next submitted that the wife of the petitioner no.1

          is said to have lodged a counter version against the Informant

          and others in which allegations of assault was made against the

          Informant and her family members where injuries are said to

          have been caused. It is lastly submitted that the petitioners have

          no criminal antecedent.

                  5. On the other hand, the learned APP for the State has

          opposed the prayer for bail of the petitioners.

                  6. Considering the fact that there is a case and counter

          case between the parties and the only allegation against the

          petitioners is of assault being made by fist and fats causing no

          injury, this Court is inclined to grant privilege of anticipatory

          bail to the petitioners.
Patna High Court CR. MISC. No.10223 of 2026(2) dt.25-02-2026
                                             3/4




                  7. Accordingly, let the above named petitioners, be

          released on bail, in the event of their arrest or surrender before

          the learned Court below within a period of six weeks from

          today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to the

          satisfaction of the learned Additional Chief Judicial Magistrate-

          1st, East Champaran, Motihari in connection with Govindganj

          P.S. Case No. 269 of 2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S. as well as the

          following conditions:

                  (i)   One      of    the    bailors     should   be   the   family

          member/relative/known of the petitioner(s) who shall provide

          official document / personal affidavit to show his/her bona fide;

                  (ii) the petitioner(s) shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of their

          bail bond by the Trial Court itself;

                  (iii) the petitioner(s) shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                  (iv) the petitioner(s) shall desist from committing any
              Patna High Court CR. MISC. No.10223 of 2026(2) dt.25-02-2026
                                                          4/4




                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of their bail bonds.



                                                                             (Ajit Kumar, J)
rishi/-

U         T


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