Patna High Court
Ravi Kumar @ Rabi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Ravi Kumar, was implicated in a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly taking part in an assault that led to a death during a marriage function. He contended that he was merely a by‑stander, that the cause of death was shock from electrocution, and that he had a clean antecedent. The State opposed his anticipatory bail application, arguing the seriousness of the allegations. The court noted the petitioner’s innocence claim, his willingness to cooperate, and the grant of anticipatory bail to similarly situated co‑accused in a related matter. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court allowed anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions. The order directed that if arrested within eight weeks, the petitioner be released on bail by the Judicial Magistrate, 1st Class, Bettiah.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita given the facts of the case
- Whether the petitioner’s claim of innocence and clean antecedent justify bail despite the serious nature of the alleged offences
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- clean antecedent
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12320 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Ravi Kumar @ Rabi Kumar S/O Lt Gain Chaudhary Resident Of Village -
Bagahi Ratan Nimiya Tola Ward No.- 07, P.S- Bairiya, Dist.- West
Champaran,Bihar-845438
... ... Petitioner/s
Versus
1. The State of Bihar
2. America Chaudhari S/O Late Bhagwat Chaudhari Resident Of Village -
Bagahi Ratanpur ,Ward No.- 09, P.S- Bairiya, Dist.- West Champaran,Bihar-
845438
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Kumar Shukla, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per the prosecution story, the informant alleged
that his son, Maharaj Kumar was working outside and was a
friend of Parma Chaudhary son of the co-accused Mahesh
Chaudhary. There was a marriage in the family of Parma
Chaudhary and his son was also attending it. There, some
altercation took place and the accused persons with common
intention, assaulted his son, causing his death. This led to the
FIR.
Patna High Court CR. MISC. No.12320 of 2026(2) dt.24-02-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
was only attending the marriage, where unfortunate incident
took place. As per post-mortem report, cause of death has been
recorded as shock as a result of electrocution. Petitioner is ready
to cooperate in the investigation/trial and claims clean
antecedent. Similarly situated co-accused persons have already
been granted anticipatory bail by co-ordinate Bench of this
Court vide order dated 11.02.2026 passed in Cr. Misc. No.
67296 of 2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent and other facts and
circumstances of the case, this anticipatory bail is allowed and it
is ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, 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 Judicial Magistrate, 1st Class,
cum A.M.-VII, Bettiah, West Champaran in connection with
Bairiya P. S. Case No. 202 of 2025, subject to condition as laid
Patna High Court CR. MISC. No.12320 of 2026(2) dt.24-02-2026
3/3
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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