Patna High Court
Ravibhushan Gupta @ Ravibhushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 126, 190, 191, 351, 352, 482, 74
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
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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.
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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
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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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