Patna High Court
RAVI SHANKAR KUMAR @ RAJAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the allegations were general and omnibus and a compromise had been filed.
Summary
The petitioner, Ravi Shankar Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that the accused, including the petitioner, rode motorcycles, abused an informant and her family, tore the informant's clothes, and that a co‑accused discharged a firearm, though no injuries occurred. The petitioner contended he committed no offence and that the FIR contained only a vague, omnibus allegation without any specific overt act attributed to him. He also submitted that the matter had been compromised and a joint compromise petition had been filed. The court, noting the general nature of the accusations and the existence of a compromise, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted when the FIR contains only general and omnibus allegations without specific overt acts against the petitioner
- Whether the existence of a joint compromise petition influences the grant of anticipatory bail
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 127(2), 3(5), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- general allegation
- omnibus accusation
- compromise petition
- bail bond
- CrPC Section 482
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10360 of 2026
Arising Out of PS. Case No.-115 Year-2024 Thana- MUSRIGHRARI District- Samastipur
======================================================
RAVI SHANKAR KUMAR @ RAJA Son of Amirlal Singh Resident of
village - Nikaspur, P.S.- Tajpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Gun Sagar Mahto, Advocate
For the State : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
127(2), 115(2), 118(1), 76, 109, 352, 351(2) and 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner, came on
8 to 9 motorcycles, abused informant and her family members,
tore the clothes of informant and one of the co-accused person
opened fire but no one sustained any fire arm injury.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.10360 of 2026(2) dt.09-04-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that allegation of abuse is general and omnibus and no
specific accusation of any overt act has been alleged against this
petitioner. Moreover, during pendency of this case, with the help
of intervention of well wishers of both the parties, good sense
prevailed and the matter has already been compromised and a
joint compromise petition has also been filed in this case, copy
of which is Annexure-2 to this bail petition.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. 1st, Samastipur in
connection with Musrigharari P.S. Case No. 115 of 2024,
subject to condition as laid down under Section 482(2) of the
Patna High Court CR. MISC. No.10360 of 2026(2) dt.09-04-2026
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B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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