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Patna High Court

Ravi Kumar @ Rabi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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